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CENTRAL KENYA LTD
V.
TRUST BANK LIMITED & 4 OTHERS

(1996) JELR 103336 (CA)

Court of Appeal 17 Dec 1996 Kenya
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Case Details

Suit Number:Civil Appeal 215 of 1996
Judges:Gurbachan Singh Pall, Philip Kiptoo Tunoi, Richard Otieno Kwach
Location:Nairobi
Other Citations:Central Kenya Ltd v. Trust Bank Limited & 4 others [1996] eKLR

JUDGMENT OF THE COURT

This is an appeal from the order of the superior court (Mbogholi Msagha, J.) made on 24th April, 1996 dismissing an application dated 8th December, 1995 by Central Kenya Ltd (the appellant) for an interlocutory injunction restraining the respondents their servants and agents from interfering with the appellant's possession of the suit property known as L.R. 7705/2 Thika (the suit property) or in any manner alienating or wasting it pending hearing and determination of the said suit.

By its plaint the appellant has alleged that the appellant was at all times the registered proprietor of the suit property; that on or about 17th June, 1993 the first respondent Trust Bank Ltd (Trust Bank) without knowledge or authority of the appellant caused a charge to be registered in its favour on the suit property for the sum of Kshs.15,000,000/= being the sum purportedly loaned to an undertaking known as Katka Island Limited (Katka); that on or about the same 15th June, 1993 Trust…

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