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ANITA CHELAGAT O'DONOVAN & 2 ORS
V.
FREDRICK KWAME KUMAH & 2 ORS

(2017) JELR 106088 (CA)

Court of Appeal 10 Nov 2017 Kenya
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Case Details

Suit Number:Civil Appeal 300 of 2015
Judges:Philip Nyamu Waki, Roselyn Naliaka Nambuye, Patrick Omwenga Kiage
Location:Nairobi
Other Citations:Anita Chelagat O'donovan & 2 others v. Fredrick Kwame Kumah & 2 others [2017] eKLR

JUDGMENT OF THE COURT

By this interlocutory appeal, the appellants Anita Chelangat O’Donovan and the estates of her deceased parents Terence Peter O‘Donovan and Joyce Jerotich O‘Donovan, over which she holds some letters of administration, challenge the dismissal by the High Court (C. Kariuki, J) of their application for various injunctions respecting some three properties in Nairobi and specially a house in Loresho South comprising Nairobi/Block 90/143 (the property?).

In their suit at the High Court the appellants had sued Fredrick Kwame Kumah and Zipporah Wairimu Wanjohi the 1st and 2nd respondents (the buyers) over their attempt to enter upon and take possession of the property having bought it from National Bank of Kenya (the Bank), which is the 3rd respondent, in exercise of its statutory power of sale. The appellants contended before the High Court that they were unaware of such sale having taken place and their prayers were for permanent injunctions to restrain the bank from sel…

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