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Ushirika Tiles & Builders Co. Limited v. Multimedia University College of Kenya

(2012) JELR 94192 (CA)

Court of Appeal  •  Civil Application 243 of 2011  •  3 Feb 2012  •  Kenya

Riaga Samuel Cornelius Omolo, Kalpana Hasmukhrai Rawal, Wanjiru Karanja



The applicant herein - USHIRIKA TILES and BUILDERS CO. LIMITED - has moved this Court under Rules 2, 5(2) (b) and 47(1) and (2) of the Court of Appeal Rules 2010 vide it’s notice of motion dated 19th October, 2011. It is seeking 3 orders but prayer No. 1 has already been spent. Prayers 2 and 3 are as hereunder:-

(1) “That the Honourable Court be pleased to restrain the respondent from handing over its construction sites for a perimeter wall around its premises to another contractor before the works done thereon and the supplies to the same by the Applicant are valued or quantified. (2) That the Honourable Court be pleased to restrain the respondent from demanding, receiving, utilizing, or in any manner dealing with the proceeds of a performance bond issued by Equity Bank Ltd. at the instance of the Applicant in construction with a building contract the Applicant was performing for the respondent, which contract has now been terminated, pending the hearing and determi…

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