PURBAI GOPAL RAMJI PATEL V. ASSET RECOVERY SERVICES & JOSEPH MUNGAI GIKONYO T/A GARAM INVESTMENTS

JUDGMENT OF THE COURT

This appeal is from the ruling of the High Court (Kimaru, J.), delivered on 1^st July, 2009 in which the learned Judge dismissed the appellant’s application for injunction to restrain the respondents from auctioning, selling or in any other way interfering with the appellant’s property namely LR. No. 209/45/6 (hereinafter the “suit property”) pending the hearing and determination of the suit before the High Court.

The primary facts of the dispute were straightforward. The suit property belonged to Ramji Patel, now deceased (hereinafter “the deceased”), and the appellant is the personal representative of his estate. The deceased charged the suit property to City Finance Limited (hereinafter “the bank”), to secure financial accommodation extended by the bank to Kuza Farm and Allied Limited (hereinafter “the borrower”). The bank sometime later after the creation of the said charge, assigned certain debts to Asset Recovery Company Limited (hereinafter “the 1^st responden…