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Said Ahmed v. Manasseh Denga & Eco-Bank Kenya Limited

(2019) JELR 94117 (CA)

Court of Appeal  •  Civil Appeal 57 of 2015  •  8 Feb 2019  •  Kenya

Coram
Philip Nyamu Waki, Fatuma sichale, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

This interlocutory appeal has been heard twice over; first, on 8th December, 2016 after which one of the Hon. Judges retired, leaving two who had no common agreement on the result. An order was then made on 25th April, 2018 for rehearing before a different bench, and so it was on 19th September, 2018.

The appeal arises from the ruling of the High Court (Jackie Kamau, J. ) made on 30th January, 2015 granting injunctive relief pending the hearing and determination of the main suit. That suit was filed by the 1st respondent herein (Denga) who was the registered proprietor of House No.1 on LR No. 3734/815, situate in Lavington, Nairobi (the disputed property) which he bought in the year 2011 for Ksh.47 million. He respondent before us, Eco Bank Kenya Ltd (the bank) to secure a loan of Ksh.40,745,317 which was payable over a period of 25 years subject to the terms of the charge. Within the first three years, Denga had repaid about Ksh.24.5 million which was more than ha…

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