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Owen Ng'ang'a Gitau v. Standard Chartered Bank Limited

(2002) JELR 95019 (CA)

Court of Appeal  •  Civil Application Nai. 9 of 2002 (UR. 7/2002)  •  15 Feb 2002  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Amrittal Bhagwanji Shah, Samuel Elikana Ondari Bosire

Judgement

RULING OF THE COURT

The applicant, Owen Ng'ang'a Gitau seeks an injunction to restrain the respondent, Standard Chartered Bank Limited its agents servants and/or employees from selling by public auction or private treaty or advertising for sale and or dealing in any manner whatsoever with his property known as L.R. No. LIMURU/TIGONI/5985/5 (the suit property) until his intended appeal is heard and determined. He intends to appeal against the ruling and consequent orders of the superior court (Onyango -Otieno, J) given and made on 6th November, 2001, whereby the learned Judge declined to grant a similar injunction pending the hearing and determination of H.C.C.C. NO. 1582 of 2001.

The applicant mortgaged the suit property to the respondent as security for moneys agreed to be advanced to Trading Trucks Limited by the respondent. Trading Trucks Limited is a company whose directors are the applicant and his wife. The mortgage constituted, at first, a security for a sum not exceeding Shs.2,5…

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