SAMIYAN KAUR DEVINDER SINGH V. SPEEDWAY INVESTMENTS LTD & STANBIC BANK LTD

RULING OF THE COURT

On 5th December, 2013, Ogola, J. delivered a ruling in which he dismissed an application by the applicant, Samiyan Kaur Devinder Singh, for an injunction to restrain the respondents, Messrs Speedway Investments Ltd and CFC Stanbic Bank Ltd, from selling, transferring, alienating, charging, wasting, damaging, disposing off or otherwise interfering with her ownership and enjoyment of Apartment No C6 on LR No. 330/667, Masanduku Lane, Lavington, Nairobi, (the suit property) pending the hearing and determination of HCCC No. 553 of 2010.

In a postscript to the ruling, the learned judge made some startling disclosure and made a further order in the following terms:

“I further direct that this matter should henceforth be heard before a different judge. I have realized in the cause (sic) of these proceedings that I have had a contractual relationship with this 1st defendant, and I may not bring the required independence in the discharge of further duties herein.”

Aggrieved by …