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Orion East Africa Ltd v. Ecobank Kenya Ltd & Onesmus Macharia T/A Watts Auctioneers

(2015) JELR 95034 (CA)

Court of Appeal  •  Civil Appeal 326 of 2014  •  29 May 2015  •  Kenya

Erastus Mwaniki Githinji, Daniel Kiio Musinga, Jamila Mohammed



The appellant filed an application in the High Court seeking the following two substantive orders against the appellants:

an interlocutory injunction to restrain the respondents, their agents and/or servants from selling, transferring and/or otherwise dealing with properties known as L.R. No. Nairobi/Block 82/2039 and Nairobi/Block 82/2042 (hereinafter referred to as “the suit properties”), Plant, Machinery, Equipment and office furniture located within its factory in Nairobi pending hearing and determination of a suit which it had filed.

an order directing the 1st respondent to render and deliver to the appellant true and correct accounts and the entire statement of account for the appellant's current and loan accounts operated with the 1st respondent for its mortgage loan, letters of credit/guarantee and overdraft facilities.

In an affidavit sworn in support of the application Ruo Maina, the appellant's Managing Director, stated that the appellant operated a curr…

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