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NYALI CONSTRUCTION AND ELECTRICALS SERVICES LIMITED v. BARCLAYS BANK OF KENYA LIMITED

(2010) JELR 98648 (CA)

Court of Appeal  •  Civil Application 201 of 2008  •  12 Mar 2010  •  Kenya

Coram
Philip Kiptoo Tunoi, Emmanuel Okello O'Kubasu, Philip Nyamu Waki

Judgement

RULING OF THE COURT

The applicant herein, NYALI CONSTRUCTION and ELECTRICAL SERVICE LIMITED (as the plaintiff in the superior court) took out a summons in which it prayed for an order of injunction to restrain BARCLAYS BANK OF KENYA LIMITED (the respondent herein) by itself, its offices, agents and or servants for advertising for sale, selling by public auction or by private treaty, alienating, charging or in any way dealing with the property title number Mombasa/Block 1/28 pending the hearing and determination of the suit in the superior court. The respondent bank resisted the summons by filing replying affidavits of Pius Okello and Faith Obiero. The application was heard on 11th December, 2007 and ex parte orders of injunction were given. The learned advocates for the parties filed written submissions and the matter came up before the learned judge of the superior court (Sergon, J.) on 30th April, 2008 when the respondent’s counsel raised a preliminary issue in that the applicant had…

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