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Kenya Commercial Bank Limited v. Muiri Cofee Estate Limited & 3 others

(2013) JELR 100085 (CA)

Court of Appeal  •  Civil Appeal 100 & 106 of 2010  •  26 Apr 2013  •  Kenya

Coram
John walter Onyango Otieno, David Kenani Maraga, Wanjiru Karanja

Judgement

JUDGMENT OF THE COURT

1. INTRODUCTION

Civil Appeal No. 100 of 2010 has been consolidated with Civil Appeal No. 106 of 2010 by consent of all learned counsel appearing for the parties herein as they are both in respect of the same parties and raise fairly similar issues that are for determination from the Ruling and Orders of the High Court (Lady Justice Joyce Khaminwa) delivered on 18th November, 2008 and 2nd November, 2009 in Milimani HCCC No. 505 of 2008 respectively.

Bidii Kenya Limited, hereinafter referred to as the 1st Appellant, is aggrieved by the ruling and orders of the High Court delivered by Lady Justice Joyce Khaminwa on 2nd November, 2009 in Milimani HCCC No. 505 of 2008 while Kenya Commercial Bank Limited hereinafter referred to as the 2nd Appellant is aggrieved by both rulings which are the subject of this appeal by which the learned Judge dismissed the Preliminary Objection by the 1st Appellant and the 3rd Respondent, and allowed a temporary injunction application as aga…

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