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BIMALROY CHHOTALAL SHAH & ANOR
V.
I & M BANK LIMITED

(2019) JELR 103567 (CA)

Court of Appeal 19 Jul 2019 Kenya
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Case Details

Suit Number:Civil Application 297 of 2018
Judges:Daniel Kiio Musinga, Agnes Kalekye Murgor, Stephen Gatembu Kairu
Location:Nairobi
Other Citations:Bimalroy Chhotalal Shah & another v. I & M Bank Limited [2019] eKLR

RULING OF THE COURT

This Notice of Motion dated 11th January 2019 is made under rules 5 (b), 20 (2), 42 and 47 (1), (2) and (4) of the Court of Appeal Rules and seeks orders that;

i. An injunction do issue restraining the respondent and its agents, employees and servants and/or assigns from attaching and or advertising for sale and offering for sale or auctioning or transferring, or interfering in any way with all that piece of land situate along Manyani Road, East Lavington in Nairobi County City as Land Reference No. 209/7501 (the property) pending the hearing and determination of this application and the final determination of the suit;

ii. That ALTERNATIVELY the court be at liberty to make any further orders in the interest of justice;

iii. That costs of the application be provided for.

The application was brought on the grounds that the applicants had filed a Notice of Appeal, and intended to appeal against the order of the High Court; that the applicants are the owners of the propert…

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