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BLUE WATERS HOTEL LIMITED & 2 ORS
V.
GUARANTY TRUST BANK (KENYA) LIMITED

(2021) JELR 103561 (CA)

Court of Appeal 5 Feb 2021 Kenya
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Case Details

Suit Number:Civil Application 128 of 2020
Judges:Hannah Magondi Okwengu, Jamila Mohammed, Patrick Omwenga Kiage
Location:Nairobi
Other Citations:Blue Waters Hotel Limited & 2 others v. Guaranty Trust Bank (Kenya) Limited [2021] eKLR

RULING OF THE COURT

By their motion dated 30th October, 2020 and brought under Rule 5(2)(b) of the Rules of this Court, the three applicants Blue Waters Hotel Limited, William Osewe Guda and Stella Mutheu Osewe seek, in the main, orders as against Guaranty Trust Bank (Kenya) Limited which is the 1st respondent, that;

“2. The court be pleased to grant an (sic)

temporary injunction restraining the Respondent, its agent and/or assigns from dealing with, disposing of, selling or otherwise interfering with the ownership of all that parcel of land registered as Kisumu Municipality/Block 13/16 (hereinafter referred to as ‘the Kisumu Hotel’) and all that parcel of land registered as LR No. 209/14340 (hereinafter referred to as ‘the South C Apartments’) and developments thereon pending the hearing and determination of the Appeal from the decision of the High Court (T.W Cherere) issued on 28th July 2020.

3. The court be pleased to stay the High Court Civil proceedings No. 79 of 2018 pending the hea…

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