Customer Support

COMMERCIAL BANK OF AFRICA
V.
HEZEKIAH KIPKORIR MARITIM & 10 OTHERS

(2019) JELR 103122 (CA)

Court of Appeal 4 Apr 2019 Kenya
BriefBot icon

BriefBot Summary

Free

Get an AI-generated summary of this case.

Case Details

Suit Number:Civil Appeal 82 of 2016
Judges:Erastus Mwaniki Githinji Hannah Magondi Okwengu Jamila Mohammed
Location:Eldoret
Other Citations:Commercial Bank of Africa v. Hezekiah Kipkorir Maritim & 10 others [2019] eKLR

JUDGMENT OF THE COURT

[1] This appeal arises from the determination of an application dated 17th September 2015 in which the respondents herein sought an order of temporary injunction in the following terms:

“an interlocutory injunction do issue against the [appellant] restraining it from evicting the respondents from occupation of the land parcel known as Eldoret Municipality Block 20 (Kapyemit)/2600 pending the hearing and determination of the suit.

[2] The suit was brought by the respondents by way of a plaint dated 17th September 2015 in which they sued the appellant, as well as Philip Kipkoech Tenai (Tenai) and Jonathan Kipketer Kurgat (Kurgat) as the 1st and 2nd defendants in the Environment and Land Court (ELC) respectively in ELC Case No. 361 of 2015. In that suit, the respondents claim that at some point in time, they individually purchased land from Tenai. Their collective portions of land all comprise part of Eldoret Municipality Block 20 (Kapyemet)/2600 (the suit property). A…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.