SHIMMERS PLAZA LIMITED V. NATIONAL BANK OF KENYA LIMITED

This appeal came for hearing before this Court on 26^th September, 2013. The appellant Shimmers Plaza Limited was represented by learned counsel R. O. Kwach and Manjit Billing while the respondent National Bank of Kenya Limited was represented by C. O. Rachuonyo.

The appeal was challenging the ruling of Kimondo, J. dismissing the appellant’s application seeking an injunction as against the respondent in which the appellant sought to have the respondent restrained from selling the appellant’s property known as Title No. L. R. 55525 (L.R. No. 1870/IX/128) situated in Westlands pending the hearing and determination of Nairobi Civil Suit No. 895 of 2009.

We heard the parties, after which we reserved the judgment for delivery on 29^th November, 2013. In his submission, Mr. Kwach learned counsel for the appellant entreated this Court to allow the appeal and grant restraining orders against the bank so that the subject matter of the suit pending before the High Court could be preserved. He infor…