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JudgmentAssumption Sisters Of Nairobi Registered Trustees VS Odpp AND The Chief Magistrates Court At City Court AND 2 Others1 min read

Assumption Sisters Of Nairobi Registered Trustees VS Odpp AND The Chief Magistrates Court At City Court AND 2 Others

High Court at Milimani High Court · · Jairus Ngaah

I have considered the application dated 12 January 2023 filed under a certificate of urgency of even date. I gather from the pleadings and the affidavit filed by the applicant that the major bone of contention which is the unfreezing of the frozen bank accounts is a subject of the dispute featuring prominently in the Anti-Corruption Division of this Honorable Court as  Anti-Corruption Court Miscellaneous Case No. 47 of 2018; Republic versus Prime Bank & Esther Gathoni Mwangi. As a matter of fact, so it has been pleaded and sworn, the account or accounts said to have been unfrozen by the 1st respondent was or were frozen by this Honourable Court in the referenced suit. In these circumstances, I would opine that the appropriate court to dispose of this application would be the Anti-Corruption Division of this Honorable Court, if not for anything else, to avoid the possibility of two courts of co-ordinate jurisdiction issuing inconsistent orders over the same subject in a dispute between common parties. For the foregoing reasons, I direct this file be transferred to the Anti-Corruption Division of this Honourable Court for disposal or for such orders or directions as the Presiding Judge in that Division may deem appropriate to issue. It is so ordered.

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