UHURU HIGHWAY DEVELOPMENT LTD V. CENTRAL BANK OF KENYA, EXCHANGE BANK L:TD. & KAMLESH M. PATTNI

RULINGS OF THE COURT

Kwach JA. Uhuru Highway Development Ltd (UHDL) has brought this application under rule 5 (2) (b) of the Court of Appeal Rules seeking a temporary injunction against the Central Bank of Kenya (CBK) restraining CBK, its servants and agents from selling, alienating by public auction or otherwise disposing of the property known as LR No 209/9514 Nairobi, or in any way enforcing or seeking to enforce the rights of chargee under the charge and guarantee, pending the hearing and final determination of an intended appeal. The application is supported by an affidavit sworn by one Mukesh Vaya who says he is a director and shareholder of UHDL.

On 6th January, 1995, UHDL filed a suit in the superior court against CBK, Exchange Bank Ltd which is in voluntary liquidation (the Bank) and Kamlesh Mansukhlal Pattni (Pattni) said to be a businessman residing and carrying on business in Nairobi, and was at the material time the Chairman of the Bank. The Bank went into liquidation on 22…