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Middle East Bank Kenya Limited v. Mohamed Dine Mohamed, Nurreynnen Dine Mohamed, Abdulkadir Dine Mohamed, Haji Mohamed Haji, Cassim Ahmed Mohamed, Omar Dine Mohamed & Qayrat Foods Limited

(2019) JELR 99082 (CA)

Court of Appeal  •  Civil Appeal 85 of 2018  •  19 Jun 2019  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Martha Karambu Koome, Wanjiru Karanja

Judgement

JUDGMENT OF THE COURT

[1] This appeal essentially challenges the Judge’s (Mwangi J.,) exercise of discretion in granting orders of injunction in favour of the respondents as against the appellant (Middle East Bank Kenya Limited) in an interlocutory application. The other germane issue challenged was that the Judge declined to allow the appellant’s application seeking to strike out the suit. It is trite that an order made in exercise of a Judge’s discretion cannot be interfered with lightly by an appellate court unless it is shown that the discretion was clearly wrong because the Judge misdirected herself or acted on matters which she/he should not have acted upon or failed to take into consideration matters which it should have taken into consideration and in doing so arrived at a wrong conclusion. See United India Insurance Co Ltd and 2 Others -v- East African Underwriters (Kenya) Ltd [1985] eKLR 898 Madan, JA stated thus:

“The Court of Appeal is only entitled to interfere if one or mo…

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