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Ngobit Estate Ltd v. Violet Mabel Carnegie

(1982) JELR 98451 (CA)

Court of Appeal  •  Civil Appeal 57 of 1981  •  23 Apr 1982  •  Kenya

Coram
Chunilal Bhagwandas Madan, Cecil Henry Ethelwood Miller, Kenneth D Potter

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

(Coram: Madan, Miller and Potter JJA)

CIVIL APPEAL NO. 57 OF 1981

Between

NGOBIT ESTATE LTD...........................................PLAINTIFF

AND

VIOLET MABEL CARNEGIE............................RESPONDENT

JUDGMENT

The two appellants above named (hereafter respectively referred to as Ngobit and Gatarakwa) are seeking an order by this court which will cancel an interlocutory injunction granted by the High Court to the two respondents above named (hereafter jointly referred to as the plaintiffs). Ngobit has an authorised and issued share capital of Kshs 800,000 divided into 40,000 ordinary shares of Kshs 20 each. On April 25, 1978, the mother of the first-named plaintiff, described as Honourable Mrs Violet Mabel Carnegie (hereafter referred to as the deceased), the plaintiffs and a limited liability company - Queensway Nominees (EA) Limited (hereafter jointly referred to as the vendors) - were the registered owners of the Ngobit shares to the extent of their r…

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