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COSMAS STEPHEN NABUNGOLO
V.
AFRICAN BANKING CORPORATION LTD

(2018) JELR 97930 (CA)

Court of Appeal 15 Nov 2018 Kenya
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Case Details

Suit Number:Civil Appeal (Application) 66 of 2018
Judges:Erastus Mwaniki Githinji, Hannah Magondi Okwengu, Jamila Mohammed
Location:Eldoret
Other Citations:Cosmas Stephen Nabungolo v. African Banking Corporation Ltd [2018] eKLR

RULING OF THE COURT

[1] On 29th May, 2018, the Environment and Land Court (ELC) (Njoroge J), delivered a ruling in which it dismissed a motion dated 13th June, 2017 that had been filed by Cosmas Stephen Nabungolo, who is now the applicant before us. In the motion, the applicant had sought temporary orders of injunction to restrain African Banking Corporation Limited (now the respondent) from advertising or selling the applicant’s properties that were listed in a statutory notice dated 22nd November, 2016, pending the hearing and final determination of a suit that the applicant had filed against the respondent. In the ruling, the learned judge of ELC found that the applicant’s motion had no merits and dismissed the same with costs to the respondents

[2] Being aggrieved, the applicant has filed a notice of appeal in this Court against the ruling of 29th May, 2018, and has now moved this Court seeking orders under Rule 5(2)(b) of the Court Rules that:

“a) Pending the hearing and determinat…

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