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Surinder Kumari Mediratta v. Kenya Commercial Bank; The Registered Trustees of Nairobi Pentecostal Church/Christ is the Answer Ministries; Combined Industries Ltd

(2005) JELR 94004 (CA)

Court of Appeal  •  Civil Appli NAI 131 of 2005  •  8 Jul 2005  •  Kenya

Coram
Emmanuel Okello O'Kubasu, Philip Nyamu Waki, William Shirley Deverell

Judgement

RULING OF THE COURT

This ruling arises from an application dated 18th May 2005 under certificate of urgency for an injunction under rule 5(2)(b) of the Court of Appeal Rules (the Rules). The applicant Mrs. Surinder Kumar Mediratta (the applicant) was the plaintiff in the superior court. The principal relief sought is an injunction prohibiting the first and second respondents either by themselves, servants, agents, auctioneers or otherwise howsoever from selling, disposing or transferring howsoever the applicant’s property L.R. No. 209/5535 Nairobi pending the filing hearing and determination of an intended appeal against the ruling and orders of the Hon. Mr. Justice Azangalala delivered on the 9th May 2005.

The application was heard on 6th June 2005 and the ruling was fixed for delivery on 8th July 2005. The status quo was ordered to be maintained until then.

The first respondent is the Kenya Commercial Bank Ltd. (KCB). The second respondent is the Registered Trustee of the Nairobi Pente…

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