Case ID:165420

Collogne Investments Limited v Bank of Africa Kenya Limited & 2 others [2020] eKLR

Case Metadata

Case Number:

Civil Application E243 of 2020

Parties:

Collogne Investments Limited v Bank of Africa Kenya Limited, Nakumatt Holdings Limited (Under Administration) & Igare Auctioneers

Date Delivered:

23 Oct 2020

Case Class:

Civil

Court:

Court of Appeal at Nairobi

Case Action:

Order

Judge(s):

Milton Stephen Asike-Makhandia, William Ouko, Fatuma sichale

Citation:

Collogne Investments Limited v Bank of Africa Kenya Limited & 2 others [2020] eKLR

Advocates:

Wasuna & Co. Advocates for the Applicant

Oraro & Company Advocates and Aduda & Company Advocates for the Respondents

Case History:

determination of an intended appeal from the Decision/Judgment of the Commercial and Tax Division of the High Court of Kenya at Nairobi (Kasango Mary, J.) delivered on 18th June, 2020 in HCCC No. E385 of 2019)

Court Division:

Civil

County:

Nairobi

Advocates:

Wasuna & Co. Advocates for the Applicant

Oraro & Company Advocates and Aduda & Company Advocates for the Respondents

History Docket No:

HCCC No. E385 of 2019

History Judges:

Mary Muhanji Kasango

History County:

Nairobi

Case Outcome:

Application withdrawn with costs to the Respondents

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

IN THE COURT OF APPEAL

AT NAIROBI

(CORAM: OUKO, (P), ASIKE - MAKHANDIA & SICHALE, JJ.A)

CIVIL APPLICATION NO. E243 OF 2020

BETWEEN

COLLOGNE INVESTMENTS LIMITED.........................................APPLICANT

AND

BANK OF AFRICA KENYA LIMITED.....................................1

ST

RESPONDENT

NAKUMATT HOLDINGS LIMITED

(UNDER ADMINISTRATION)..................................................2

ND

RESPONDENT

IGARE AUCTIONEERS............................................................3

RD

RESPONDENT

(

An Application for injunction pending the hearing and

determination of an intended appeal from the Decision/Judgment of the Commercial and Tax Division of the High Court of Kenya at Nairobi (Kasango Mary, J.) delivered on 18

th

June, 2020

in

HCCC No. E385 of 2019)

*********

ORDER OF THE COURT

This application for injunction brought pursuant to

Rule 5(2)(b)

of the Court’s Rules was canvassed before us on 24

th

August, 2020 and the ruling reserved for 23

rd

October, 2020. In the meantime, on 12

th

October, 2020 the applicant, through its counsel, Wasuna & Co. Advocates wrote to the Registrar of this Court requesting that they be allowed to withdraw the application. That letter was copied to Oraro & Company Advocates and Aduda & Company Advocates, counsel representing the respondents.

By the provisions of

Rule 52,

an applicant is at liberty at any time to apply for leave of the Court to withdraw his or her application.

In those circumstances, and the respondents not having written to object to the request, we allow the informal application and order that the application be and is hereby marked as withdrawn with costs to the respondents.

Dated and delivered at Nairobi this 23

rd

day of October, 2020.

W. OUKO, (P)

………………………

JUDGE OF APPEAL

ASIKE – MAKHANDIA

……………………..

JUDGE OF APPEAL

F. SICHALE

…………………….

JUDGE OF APPEAL

I certify that this is a true

copy of the original.

Signed

DEPUTY REGISTRAR