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SAMUEL MBUGUA IKUMBU V. BARCLAYS BANK OF KENYA LIMITED

(2015) JELR 95528 (CA)

Court of Appeal  •  Civil Application 1 of 2015  •  25 Sep 2015  •  Kenya

Coram
Martha Karambu Koome, Festus Azangalala, Sankale ole Kantai

Judgement

RULING OF THE COURT

High Court Civil Case No. 147 of 2002 (Nakuru) between the applicant, Samuel Mbugua Ikumbu and the respondent, Barclays Bank of Kenya Limited, was dismissed by M.J. Anyara Emukule, J, in the Judgment delivered on 5th December, 2014 where the learned judge, after a hearing, found the same to have no merit. The applicant was dissatisfied with those findings and filed an appeal to this Court being Civil Appeal No. 4 of 2015 which is pending for hearing. The applicant also filed an application in this Court under Rule 5(2) (b) of this Courts rules in Civil Application No. NAI 1 of 2015 (UR.1/2015) where he prayed, inter alia, that an injunction be issued restraining the respondent from selling or transferring a property known as

Nakuru Municipality/Block 5/133 pending hearing of the said appeal. That application came for hearing before a bench of this Court on 28th April, 2015 and both parties were represented by their respective advocates. The following order was record…

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