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HASHMUKHLAL VIRCHAND SHAH & 2 ORS
V.
INVESTMENT & MORTGAGES BANK LIMITED

(2014) JELR 101640 (CA)

Court of Appeal 13 Jun 2014 Kenya
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Case Details

Suit Number:Civil Application 94 of 2014 (Ur 77 of 2014)
Judges:Roselyn Naliaka Nambuye, Jamila Mohammed, Agnes Kalekye Murgor
Location:Nairobi
Other Citations:Hashmukhlal Virchand Shah & 2 others v. Investment & Mortgages Bank Limited [2014] eKLR

RULING OF THE COURT

1. Hasmukhala Virchand Shah, Mayur Sunil Shah and Jasobaden Chandulal Shah, the 1st , 2nd and 3rd applicants herein filed Nairobi HCCC No. Commercial and Tax Division Civil Suit No. 27 of 2013 against Investments and Mortgages Banks Limited, the respondent vide a plaint dated and filed on the 29th day of January 2013. The reliefs sought were a permanent injunction to restrain the respondent either through itself, servants or agents from advertising for sale, disposing of, selling by public auction or private treaty ALL THE property known as Mombasa/Block XXVI/380-Kizingo or otherwise interfering with the plaintiffs ownership or occupation thereof; declaration that the total amount recoverable and for which the property known as Mombasa/Block XXVI/380- Kizingo stood security for the facility granted by the respondent Kenya shillings Twenty million (Kshs. 20,000,000.00); an order that the defendant does render a true and proper account of all the dealings with the cha…

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