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Kenya Commercial Bank Limited v. Kenya Planters Co-Operative Union & 2 others

(2011) JELR 100089 (CA)

Court of Appeal  •  Civil Application 199 of 2010  •  13 Apr 2011  •  Kenya

Coram
Philip Kiptoo Tunoi, Daniel Kennedy Sultani Aganyanya, John walter Onyango Otieno

Judgement

RULING OF THE COURT

In a notice of motion dated 19th July 2010 and filed on 20th July 2010, the first respondent in this notice of motion before us dated 10th August 2010 and filed on 11th August 2010, Kenya Planters Co-operative Union Limited sought on the main two injunction orders and an order prohibiting all further registration or change of registration in respect of parcel of land known as 209/8658 on behalf of the applicant, Kenya Commercial Bank Limited. The applicant was not amused by this action particularly as it claimed the first respondent had filed a similar matter which was brought as Petition No. 700 of 2009 in the Constitutional and Judicial Review Division of the superior court, in which, according to the applicant, the matters in issue were the same. It filed a notice of preliminary objection against the first respondent’s notice of preliminary objection read as follows:-

“TAKE NOTICE that at the hearing of plaintiff’s notice of motion application dated 19th July 201…

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