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Kenya United Steel Company (2006) Limited v. Standard Chartered Bank Limited

(2020) JELR 99891 (CA)

Court of Appeal  •  Mombasa Civil Application 7 of 2020  •  7 Aug 2020  •  Kenya

Coram
Wanjiru Karanja, Sankale ole Kantai, Patrick Omwenga Kiage

Judgement

RULING OF THE COURT

1. Kenya United Steel Company (2006) Limited (the applicant) has moved this Court pursuant to Rule 5(2)(b) of the Rules of this Court seeking orders inter alia as follows:-

“That this Honourable Court do issue an order of injunction restraining the respondent by itself, agent or otherwise howsoever from advertising for sale, selling or disposing of (sic) by public auction or otherwise the property known as subdivision 884 Section VIMN pending hearing and disposal of the appeal intended from the order of High Court dated 16th January, 2020 or until further order (sic).”

2. The same is supported by the affidavit of Abid Mahmoud Alam sworn on 21st January, 2020. The brief circumstances surrounding this matter are that the applicant is the registered proprietor of the parcel of land known as subdivision Number 884 Section VIMN, Mombasa (the suit property) measuring approximately 20.5 acres; said to be valued in excess of 700,000,000.

3. The property was charged to Standard…

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