RULING OF THE COURT
In the year 2009, the applicant, Collin Bett, applied for several loan facilities from Ecobank Kenya Limited, the 1st respondent, in order to facilitate some business ventures. As security the applicant executed a charge over his property known as Title No Kajiado/Kaputei North/19044, to the 1st respondent. It was a term of the charge that the loan facility was to be repaid and discharged within 24 months. The applicant defaulted in servicing said loan and as a result, the 1st respondent moved to realise its security by issuing a statutory notice in respect of the property. This prompted the applicant to file before the High Court Civil Case No 120 of 2012 in which he sought an injunction restraining the respondent from exercising its statutory power of sale.
That application was settled by way of a consent order recorded before Dulu, J. on 5th June 2012 in which the 1st respondent was required to issue a fresh statutory notice in respect of the suit property; to ser…