Customer Support

NATIONAL BANK OF KENYA LIMITED
V.
SHIMMERS PLAZA LIMITED

(2009) JELR 98690 (CA)

Court of Appeal 3 Jul 2009 Kenya
BriefBot icon

BriefBot Summary

Free

Get an AI-generated summary of this case.

Case Details

Suit Number:Civil Appeal 26 2002
Judges:Samuel Elikana Ondari Bosire JA Alnashir Ramazanali Magan Visram JA Erastus Mwaniki Githinji JA
Location:Nairobi
Other Citations:NATIONAL BANK OF KENYA LIMITED v. SHIMMERS PLAZA LIMITED [2009] eKLR

JUDGMENT OF THE COURT

This is an appeal against the ruling of the superior court (Onyango Otieno, J. – as he then was) dated 4th December, 2001 whereby the superior court granted an interlocutory injunction in favour of the respondent herein restraining the appellant from selling or disposing of L.R. No. 1870/IX/128 Westlands pending the hearing and determination of the suit or until further orders.

Sometime in 1997, the appellant National Bank of Kenya Limited (the bank) granted various banking facilities including over-draft; letters of credit guarantees and bills discounting facilities to M/S. TRADE WINGS LTD. (principal debtor). The banking facilities were secured by both an instrument of guarantee dated 30th January, 1997 given by Shimmers Plaza Limited (respondent) and a legal charge over L.R. No. 1870/IX/128 Westlands registered in the name of the respondent. Both the guarantee and the charge secured a mortgage debt not exceeding Shs.200,000,000/=. The principal debtor and the re…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.