SILVERGATE ACADEMY LIMITED V. NATIONAL BANK OF KENYA LIMITED

RULING OF THE COURT

We have before us an application by way of a Notice of Motion dated 4^th June, 2015, and filed on behalf of Silvergate Academy (“the applicant”) under rule 5(2)(b) of the Court of Appeal Rules. It seeks an order restraining National Bank Limited (“the respondent”) from exercising its statutory power of sale or selling, disposing and/or advertising, soliciting, offering or in any way negotiating or inviting any person or groups of persons from bidding, buying or selling either by way of public auction or private treaty of title No. Nairobi Block 127/752 (“the suit property”) or from taking possession alienating attaching or in any manner, interfering with the applicant’s ownership, title, interests and/or exclusive use, development and enjoyment of the suit property pending lodgment, hearing and determination of the intended appeal.

The applicant, at all material times, was indebted to the respondent under facilities secured by a charge over the suit property. Upon def…