WESTERN COLLEGE OF ARTS AND APPLIED SCIENCES V. EP ORANGA, JW KHAOYA, P MAYIEK & J NANG'OLE

JUDGMENT

LAW V-P

This is an application by the appellant in an intended appeal for: (a) temporary injunction to restrain the respondents from operating a bank account in the name of Western Province College of Arts and Applied Sciences until final determination of the intended appeal, and (b) a stay of execution.

The applicant is a body corporate, consisting of the trustees of an association of persons established for an educational purpose, duly incorporated under the Land (Perpetual Succession) act. In or about the year 1972 the applicant and various local bodies in the Bungoma district of the Western province cooperated in the raising of funds for the purpose of establishing a college of technology. A large sum of money was raised, and over Shs 300,000 was deposited by the four respondents in a bank in Bungoma. The account was in the name of “Western Province College of Arts and Applied Sciences”. A dispute has arisen as to who is entitled to operate this account. The applicant conten…