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K. H. OSMOND
V.
DAIMA BANK LIMITED & WHITESTONE AUCTIONEERS (K) LTD

(2000) JELR 100396 (CA)

Court of Appeal 8 Sep 2000 Kenya
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Case Details

Suit Number:Civil Misc. Appli. 251 of 2000
Judges:Amrittal Bhagwanji Shah, Emmanuel Okello O'Kubasu, Richard Otieno Kwach
Location:Nairobi
Other Citations:K. H. OSMOND v. DAIMA BANK LIMITED & WHITESTONE AUCTIONEERS (K) LTD [2000] eKLR

RULING OF THE COURT

The applicant, Mr. K.H. Osmond, seeks stay of execution of the judgment and orders of the superior court (Ms. Jeanne Gacheche, Commissioner of Assize) dated 12th July, 2000 whereby that court dismissed the applicant's suit in which suit the applicant was seeking orders to restrain the respondents, their agents, servants advocates and/or officers from selling the applicant's property known as Plot L.R. 1/185 Argwings Kodhek Road, Nairobi (the suit property).In addition to the said relief the applicant was also seeking reliefs such as (1) a declaration that the 'purported' mortgage in relation to the suit property was null and void, (2) that accounts be taken of moneys lent to him by the first respondent including interest properly accruable thereon, and (3) damages for breach of contract and the alleged wrongful exercise of the statutory power of sale.

The application before us is under rule 5(2)(b) of the Rules of this Court which rule gives this Court unfettered dis…

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