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Milestone Engineering Limited & Francis Karugu Njoroge v. Co-operative Merchant Bank of Kenya Limited & Watts Enterprises

(2001) JELR 99075 (CA)

Court of Appeal  •  Civil Application Nai. 305 of 2001 (162/2001 UR)  •  14 Sep 2001  •  Kenya

Coram
Emmanuel Okello O'Kubasu, Effie Owuor, Richard Otieno Kwach

Judgement

RULING OF THE COURT

This is an application under rule 5(2)(b) of the Court of Appeal Rules by which the applicants, Milestone Engineering Ltd (the Company) , and Francis Karugu Njoroge (Njoroge) ,seek an order of temporary injunction to restrain Cooperative Merchant Bank of Kenya Ltd (the Bank) and Watts Enterprises (Watts) from selling or alienating two parcels of land namely, Dagoretti/R uthimitu/812 and 814, pending the hearing and determination of an intended appeal against the decision of Hewett J given on 23rd May, 2001. By that decision the learned Judge dismissed, with costs, an application by the applicants for a temporary injunction under Order XXX1X of the Civil Procedure Rules.

In 1995 the Bank lent the Company shs 1.5m which was secured by a charge over land parcel No Dagoretti/Ruthimitu/644 owned by Njoroge. In December that year it was agreed between the Bank, the Company and Njoroge that parcel No. 644 would be subdivided into three pieces which would be sold and the pro…

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