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Trust Bank Limited v. Amalo Company Limited

(2002) JELR 95201 (CA)

Court of Appeal  •  civ app 215 of 00  •  18 Oct 2002  •  Kenya

Philip Kiptoo Tunoi, Samuel Elikana Ondari Bosire, Effie Owuor



This is an appeal from an order of the superior Court at Kisumu (Wambilyangah, J.) given on 17th day of April, 2000 whereby the learned Judge allowed a preliminary objection taken in a Chamber Summons filed in a suit, H.C.C. No. 64 of 2000 and ordered that the grounds of objection and replying affidavit filed by Trust Bank Ltd., the appellant herein be expunged from the record and thereafter restrained the appellant and anybody else acting on its behalf from dealing in any manner with the respondent's (Amalo Company Ltd.) property namely, Kisumu Municipality/7/158 until the suit was heard and finalised.

The appellant was dissatisfied with that order hence this appeal which was canvassed before us mainly on two grounds namely that:

"1. The judge erred in rejecting the grounds of opposition and Replying affidavit filed by the appellant.

4. The judge erred in expunging the documents filed by the appellant from the record.

5. The judge erred in holding that the respondent…

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