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SOLOLO OUTLETS LTD., CYPERR PROJECTS INTERNATIONAL LTD., CYPERR ENTERPRISES LTD. & S. K. JIRONGO V. NATIONAL SOCIAL SECURITY FUND, POST BANK CREDIT LTD., DEPOSIT PROTECTION FUND BOARD, EWAN A. DAVIDSON & DAVID MUTISYA

(1994) JELR 94954 (CA)

Court of Appeal  •  Civil Application 181 of 1994 (85/94 UR)  •  29 Nov 1994  •  Kenya

Coram
Johnson Evan Gicheru, Richard Otieno Kwach, Abdul Majid Cockar

Judgement

RULING

This is an application under rule 5(2)(b) of the Court of Appeal Rules brought by Sololo Outlets Ltd (Sololo), Cyperr Projects International Ltd (Cyperr Projects), Cyperr Enterprises Ltd (Cyperr Enterprises) and S K Jirongo (Jirongo) seeking a number of orders against National Social Security Fund (the Fund), Post Bank Credit Ltd (Post Bank), Deposit Protection Fund Board (the Board), Ewan Alexander Davidson and David Mutisya both of whom will hereinafter be referred to as “The Receivers”

The orders sought by the applicants to whom we shall hereinafter refer to collectively as “the plaintiffs” against the 5 respondents (the defendants) are:

(1) That Post Bank, the Board and the Receivers be restrained by a temporary injunction from selling, alienating, disposing of, or otherwise dealing in any manner with specified properties in purported exercise of any rights of chargee or debenture holder under any charges or mortgages and debentures created by the plaintiffs or any other parti…

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