JUDGMENT
A. Introduction
1.The petition of appeal before us is dated February 14, 2019and filed on even date, and it challenges the Judgment of the Court of Appeal sitting in Nairobi (Ouko, Musinga & Gatembu, JJA) dated January 25, 2019, in Nairobi Civil Appeal No 114 of 2018. The Court of Appeal in its Judgment upheld the High Court’s decision and found that the orders granted on January 19, 2018did not constitute wrongful exercise of jurisdiction. The Appeal is filed as of right under article 163(4)(a) of Constitution.
B. Background
a. Proceedings at the High Court
2.The brief background to this matter is that the 1st and 2nd appellants are guarantors to a facility agreement between the 3rd appellant and the 1st respondent. The 3rd appellant defaulted in its repayment obligations to the 1st respondent. This led to the appointment of receivers on February 10, 2014, in accordance with the power annexed to the debenture, as issued by the 3rd appellant. This appointment was challenged by the…