Login Register

Samson Mwathi Nyutu v. Savings & Loan Kenya Limited

(2015) JELR 94289 (CA)

Court of Appeal  •  Civil Application 28 of 2015  •  31 Jul 2015  •  Kenya

Hannah Magondi Okwengu, Sankale ole Kantai, Fatuma sichale



The applicant Samson Mwathi Nyutu filed suit at the High Court of Kenya at Nairobi where he sought orders of injunction against the respondent Savings and Loan Kenya Limited to restrain it from selling or dealing with his property known as Title Number Nairobi/Block 99/46 pending the hearing and determination of the suit. There were other prayers made. Havelock, J. heard the suit and in a judgment dated 14th August, 2014 but delivered on his behalf on 9th September, 2014 the learned Judge did not find merit in the suit and dismissed it. Those findings did not please the applicant who filed Civil Appeal No. 11 of 2015 lodged in this Court on 22nd January, 2015. The applicant also filed a Notice of Motion in this Court which is said to be brought under Section 3A (1) (2) of the Appellate Jurisdiction Act and Rules 5 (2) (b), 41 and 47 of the Rules of this Court. The Motion is also said to be premised on Section 1A, 1B and 3A of the Civil Procedure Act and all enabling…

There's more. Sign in to continue reading

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login