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Kenya United Steel Company Ltd v. Kenya Commercial Bank Ltd; Adrian Spencer Dearing

(2005) JELR 99890 (CA)

Court of Appeal  •  Civil Appli 109 of 2005  •  3 Jun 2005  •  Kenya

Coram
Philip Kiptoo Tunoi, Emmanuel Okello O'Kubasu, Erastus Mwaniki Githinji

Judgement

RULING OF THE COURT

By notice of motion expressed to be brought under rules 5(2)(b) and 49(1) of the Court of Appeal Rules (the Rules) the applicant, Kenya United Steel Company Limited, (the plaintiff in the suit in the superior court) prays for the following orders:-

“1. THAT this application be certified as urgent.

2. THAT this honourable court do dispense with service of the application and the same be heard ex-parte in the first instance for grant of prayer 3 and 4 pending the hearing and determination of the application interparties.

3. THAT the first respondents by themselves their servants and/or agents be restrained from appointing receivers/managers, and/or taking over or offering for sale assets, goods stock in trade, business and/or interfering in whatsoever manner with the plaintiffs quiet possession of its business and assets situated on sub-division number 884/VI Mainland Mombasa and L.R. No. 209/4228 Nairobi pending the hearing and determination of the applicants intended a…

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