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SOUTHERN CREDIT BANKING CORPORATION V. SALIM MANJI & NAVIDA SALIM MANJI

(2006) JELR 93508 (CA)

Court of Appeal  •  Civil Appeal 201 of 2002  •  31 Mar 2006  •  Kenya

Coram
Emmanuel Okello O'Kubasu, Erastus Mwaniki Githinji, William Shirley Deverell

Judgement

JUDGMENT OF THE COURT

This is an appeal from the Ruling of Osiemo J. in which he allowed an application for an injunction sought in a Chamber Summons dated 26th April 2002 in High Court at Milimani Commercial Court Civil case No. 515 of 2002. In the superior court the plaintiffs were Salim Manji and his wife Navida Salim Manji. They are the 1st and 2nd respondents in this appeal. The appellant herein is Southern Credit Banking Corporation Limited, which was the defendant in the High Court.

Osiemo J. in his Ruling first set out the orders sought in the application which were as follows: -

(1) An injunction do issue restraining the defendants whether by themselves, their agents or whosoever from advertising for sale, selling alienating or transferring or otherwise dealing in LR No 214/303 pending the determination of this suit.

(2) All further registration or change in registration in the ownership, leasing, allotment, user, occupation or possession or any kind of right or interest in the s…

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