Case ID:160390
Parties: None
Date Delivered: None
Case Type: None
Court: None
Judges: None
Citation: None
Fredrick Tsofa Mweni & another v Central Bank of Kenya [2020] eKLR
Case Metadata
Case Number:
Miscellaneous Application 299 of 2015 Together With Civil Suit N 408 of 2014 & HCCC 267 of 2014
Parties:
Fredrick Tsofa Mweni & Grace Wambui Gichobi v Central Bank of Kenya
Date Delivered:
13 Feb 2020
Case Class:
Civil
Court:
High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)
Case Action:
Ruling
Judge(s):
Francis Tuiyott
Citation:
Fredrick Tsofa Mweni & another v Central Bank of Kenya [2020] eKLR
Court Division:
Commercial Tax & Admiralty
County:
Nairobi
Case Outcome:
Notice of Motion dismissed
Disclaimer:
The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
MILIMANI LAW COURTS
COMMERCIAL & ADMIRALTY DIVISION
MISCELLANEOUS APPLICATION NO. 299 OF 2015
TOGETHER WITH CIVIL SUIT NO. 408 OF 2014
& HCCC NO. 267 OF 2014
FREDRICK TSOFA MWENI.................................................1
ST
PLAINTIFF/APPLICANT
GRACE WAMBUI GICHOBI................................................2
ND
PLAINTIFF/APPLICANT
VERSUS
CENTRAL BANK OF KENYA...............................................DEFENDANT/RESPONDENT
RULING
1. Before Court is a Notice of Motion dated 1
st
February 2019 and filed on 4
th
February 2019 by the Applicants for the following two substantive orders:-
2. That this Honourable Court be pleased to stay the execution of the Consent Order dated 29
th
June 2018 pending hearing and determination of HCC No. 267 of 2014, HCC No. 408 of 2014 and Misc. App. No. 299 of 2015.
2. That this Honourable Court be pleased to compel the Standard Chartered Bank Limited and the Defendant/Respondent to provide the Statement of Treasury Bonds and Coupon/Interest payable to Tsavo Securities Limited to date for Bank Accounts Bank Account 10102015128100 and the CBK CDS 05110037202 (Portfolio account 110579-1)
2. Prayer 3 for stay has been overtaken by events. Pursuant to Court Orders herein, Standard Chartered Bank redeemed its lien over Treasury Bonds held in favor of Tsavo Securities Limited.
3. As regards accounts, some accounts have been furnished in the replying affidavit of Kennedy K. Abuga sworn on 4
th
February 2020 and of Boniface Machuki sworn on 5
th
March 2019. This Court is not told that the accounts rendered are insufficient.
4. The result is that the Notice of Motion dated 1
st
February 2019 and filed on 4
th
February 2019 has partly been overtaken by events and partly resolved by rendering of accounts. The Motion is therefore compromised and marked as such. Costs in the cause.
Dated, Signed and Delivered in Court at Nairobi this 13
th
Day of February 2020
F. TUIYOTT
JUDGE
PRESENT
: