HASHMUKHLAL VIRCHAND SHAH, MAYURI SUNIL SHAL & JASOBADEN CHANDULAL SHAH V. INVESTMENT & MORTGAGES BANK LIMITED

RULING OF THE COURT

1. Hasmukhala Virchand Shah, Mayur Sunil Shah and Jasobaden Chandulal Shah, the 1^st , 2^nd and 3^rd applicants herein filed Nairobi HCCC No. Commercial and Tax Division Civil Suit No. 27 of 2013 against Investments and Mortgages Banks Limited, the respondent vide a plaint dated and filed on the 29^th day of January 2013. The reliefs sought were a permanent injunction to restrain the respondent either through itself, servants or agents from advertising for sale, disposing of, selling by public auction or private treaty ALL THE property known as Mombasa/Block XXVI/380-Kizingo or otherwise interfering with the plaintiffs ownership or occupation thereof; declaration that the total amount recoverable and for which the property known as Mombasa/Block XXVI/380- Kizingo stood security for the facility granted by the respondent Kenya shillings Twenty million (Kshs. 20,000,000.00); an order that the defendant does render a true and proper account of all the dealings with the cha…