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BANK OF AFRICA LIMITED
V.
JUJA COFFE EXPORTERS LIMITED & 4 ORS

(2018) JELR 105834 (CA)

Court of Appeal 25 Jan 2018 Kenya
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Case Details

Suit Number:Civil Appeal 99 & 109 of 2016
Judges:Philip Nyamu Waki Martha Karambu Koome Joseph Raphael Karanja
Location:Mombasa
Other Citations:Bank of Africa Limited v. Juja Coffe Exporters Limited & 4 others [2018] eKLR

JUDGMENT OF THE COURT

1. The two appeals Nos. 99 of 2016 and 109 of 2016 were by order of this Court consolidated and heard together under the lead file CA. 99 of 2016. The appellant in CA. 99/2016 is Bank of Africa Limited (hereinafter "the bank'), while the appellants in 109/2016 are TSS Transporters Ltd (TTL), TSS Investments Ltd (TIL) and Tahir Sheikh Said Ahmed (Tahir). The appeals arose from an interlocutory decision of the High Court (Njoki Mwangi J.) who, on 21st July 2016, granted a temporary injunction on terms, against the exercise of the bank's statutory power of sale. The bank challenges the injunction as a whole, while TTL , TIL and Tahir complain about the condition imposed for grant of the injunction that they deposit Ksh. 2.5 million, which order they seek to be varied or set aside.

2. The background to the interlocutory appeals may be briefly stated. The main suit, which is still pending before the High Court was filed by Juja Coffee Exporters Ltd (Juja Coffee), TTL, T…

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