POP-IN (KENYA) LTD & 3 OTHERS V. HABIB BANK AG ZURICH

IN THE COURT OF APPEAL

AT NAIROBI

(CORAM: NYARANGI, GACHUHI and KWACH JJ A)

CIVIL APPEAL NO 80 OF 1988

POP-IN (KENYA) LTD and 3 OTHERS ................. APPELLANTS

VERSUS

HABIB BANK AG ZURICH..............................RESPONDENT

(Appeal from the Judgment and Decree of the High Court of Kenya

at Nairobi (Mr Justice A Rauf) dated 24th November, 1987 in Civil Case

No 1893 of 1987)

JUDGMENT

There is before us an appeal by the plaintiffs against the Ruling of the late Rauf J given on November 24, 1987 whereby he ordered that the suit was based on averments which were barred by the doctrine of estoppel with the extended aspect of res judicata as a result of which it was held that the whole suit had failed. The material ruling was preceded by another, dated August, 27, 1987 following preliminary objections which were taken on behalf of the defendant in an application for injunction filed on May 8, 1987 by the second, third and fourth plaintiffs. There are no facts to recite as no evidence was given …