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MARY MURTAZA ONDATTTO
V.
MOHANSONS KENYA LIMITED & 2 ORS

(2022) JELR 113606 (CA)

Court of Appeal 18 Feb 2022 Kenya
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Case Details

Suit Number:Civil Appeal 12 of 2019
Judges:SG Kairu, JA P Nyamweya, JA JW Lessit, JA
Location:Mombasa

JUDGMENT

  1. The Appellant herein, Mary Murtaza Ondatto, is aggrieved by the ruling given by the High Court (E.M. Muriithi J.) on an application filed in the said Court by Mohansons (Kenya) Limited, the 1st Respondent herein. The 1st Respondent, through a Chamber Summons dated 31st October 2012, had sought conservatory orders to bar the Appellant from taking possession or entering into occupation of L. R. No. MN/I/2149 Beach Road, Nyali registered under Title No. C. R. 14642 (hereinafter “the suit property”). The 1st Respondent also sought orders to bar the Attorney General, (the 3rd Respondent herein), from making entries in respect of the said property and/or registering any instruments dealing in the property or seeking to alter the proprietorship status from the 1st Respondent’s name.

  2. The 1st Respondent, which was the Petitioner in the High Court, stated that it was the registered proprietor of the suit property, which was charged to Equatorial Commercial Bank Limited, and had been enga…

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