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BIO CORN PRODUCTS (EPZ) LTD
V.
DIAMOND TRUST BANK KENYA LTD

(2020) JELR 103566 (CA)

Court of Appeal 4 Dec 2020 Kenya
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Case Details

Suit Number:Civil Appeal (Application) 245 of 2019
Judges:Martha Karambu Koome, Wanjiru Karanja, William Ouko
Location:Eldoret
Other Citations:Bio Corn Products (EPZ) Ltd v. Diamond Trust Bank Kenya Ltd [2020] eKLR

RULING OF THE COURT

The applicant is the registered owner of Eldoret Municipality/Block 1034, the suit property, which it offered as security in respect of a loan facility extended by the respondent to its sister company (Equip Agencies Limited). Upon default by that company and in the exercise of its statutory power of sale, the respondent served the applicant with a statutory notice of sale. This provoked an application for an order of injunction to the High Court aimed at restraining the respondent from selling the suit property pending the hearing and determination of the suit it had filed.

After the High Court (Omondi, J.) rejected that application for not disclosing a prima facie case with a probability of success, the appellant aggrieved by that outcome has challenged that decision by lodging an appeal in this Court. In the meantime, it has taken out a motion for an order of injunction under Rule 5(2)(b) of this Court’s Rules to restrain the respondent from taking any steps that …

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