COOPERATIVE BANK OF KENYA LIMITED
V.
CATHERINE KANINI KIOKO & 2 ORS

JUDGMENT OF THE COURT

1. This appeal is against the exercise of the learned Judge’s (Omollo, J.) discretion in granting orders of injunction in favour of the 1^st and 2^nd respondents herein as against the appellant (Co-operative Bank of Kenya Limited) and one Ruweya Ali Mwinyi (the 3^rd respondent) in an interlocutory application.

2. The brief background of the matter culminating into the present appeal can be summarized as follows:-

Catherine Kanini Kioko and Swabiha Alamin (1^st and 2^nd respondents respectively), purchased property known as Plot No. 9071/II/MN (suit premises) from one Ruweya Mwinyi, the 1^st defendant in the suit before the High Court, and 3^rd respondent in the appeal, sometime between 26^th May, 2001 and 26^th January, 2005. The 3^rd respondent failed to transfer the same to the 1^st and 2^nd respondents. That notwithstanding, the two respondents proceeded to develop the property and constructed permanent buildings thereon, and they continued to pay the appropriate land rates.

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