POP IN KENYA LIMITED & 3 OTHERS V. HABIB BANK A.G. ZURICH

JUDGMENT OF THE COURT

[1] This is an appeal by the unsuccessful defendants now appellants, Pop - In - Kenya Limited, (1st appellant), Rajnikant Khetshi Shah, (2nd appellant), Hasmukh Devchand Sumaria, (3rd appellant) and Ratilal Khetshi Shah, (4th appellant), from the judgment of the High Court, (Ransley, J., as he then was), dated 15th March, 2006. The learned Judge dismissed the appellants' suit in which they claimed against the respondent, Habib Bank A.G. Zurich, inter alia, special and general damages; various sums on taking of accounts; a mandatory injunction to remove receivers and managers appointed by the respondent to manage the 1st appellant; a prohibitive injunction to restrain the respondent from selling Land Reference Number 209/2779/5 and Land Reference Number 209/3007/3 (hereinafter "the suit property or properties") which were registered in the names of the 2nd and 4th appellants.

[2] The litigation arose from loan facilities extended by the respondent to the 1st appella…