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Palmy Company Limited v. Consolidated Bank of Kenya Limited & Josrick Merchants Auctioneers

(2020) JELR 94402 (CA)

Court of Appeal  •  Civil Application 33 of 2020  •  6 Nov 2020  •  Kenya

Daniel Kiio Musinga, William Ouko, Stephen Gatembu Kairu



1. This is an application brought under rule 5(2)(b) of this Court’s Rules. The applicant sought an interlocutory injunction to restrain the 1st and 2nd respondents from disposing of a property known as L.R. No. 209/11043 (the suit property) pending hearing and determination of an intended appeal. The applicant also sought an interlocutory order of injunction to restrain the 2nd respondent from further advertising for sale the suit property until the application is heard and determined. There are several declaratory orders that were also sought but which we have no jurisdiction to deal with in a rule 5(2)(b) application.

2. The applicant borrowed from the 1st respondent a sum of Kshs.35,000,000 to develop the suit property but defaulted in servicing the loan. As a result, the 1st respondent issued a statutory notice of sale of the suit property and the 2nd respondent advertised it for sale by public auction.

3. The applicant filed a suit in the High Court to challenge…

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