ORCHID PHARMACY LIMITED V. SOUTHERN CREDIT BANKING CORPORATION LIMITED, MUGA AUCTIONEERS & GENERAL MERCHANTS, HIGH ENERGY SOLUTIONS LIMITED & ATTORNEY GENERAL

JUDGMENT OF THE COURT

1 At all material times to the suit in the High Court, the appellant was the registered proprietor of two properties namely Nairobi LR No. 1870/X/111 and Nairobi LR No. 1870/X/116 situate in Westlands in the City of Nairobi.

2. In 1996, the 1^st respondent Bank offered the appellant an overdraft facility to the tune of Ksh.8.5 million and took charge over Nairobi LR N. 1870/X/111. The appellant averred that there was no charge over Nairobi LR No. 1870/X/116. The appellant contended that the 1^st respondent fraudulently created a charge over Nairobi LR No. 1870/X/116.

3. The appellant defaulted in repayment of the loan and on 8^th August 2003, the 1^st respondent instructed the 2^nd respondent to sell by public auction Nairobi LR No. 1870/X/116 to recover the outstanding sums. The 3^rd respondent purchased the said property at the auction.

4. By a Plaint dated 1^st August 2007, as amended on 5^th October, 2009 the appellant filed suit seeking a permanent injunction to restrai…