Case ID:160763

SBM Bank (Kenya) Limited v Hiten Shantilal Shah [2020] eKLR

Case Metadata

Case Number:

Civil Suit 308 of 2013

Parties:

SBM Bank (Kenya) Limited v Hiten Shantilal Shah

Date Delivered:

01 Jul 2020

Case Class:

Civil

Court:

High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)

Case Action:

Ruling

Judge(s):

Mary Muhanji Kasango

Citation:

SBM Bank (Kenya) Limited v Hiten Shantilal Shah [2020] eKLR

Court Division:

Commercial Tax & Admiralty

County:

Nairobi

Case Outcome:

Application allowed.

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

COMMERCIAL AND TAX DIVISION

CIVIL SUIT NO. 308 OF 2013

SBM BANK (KENYA) LIMITED....................................PLAINTIFF

-VERSUS-

HITEN SHANTILAL SHAH.........................................DEFENDANT

RULING

1. This suit was filed by

Fidelity Commercial Bank Limited

against

Hiten Shantilal Shah

. An application has been made by

SBM Bank (Kenya) Limited

seeking that it be granted leave to substitute Fidelity Commercial Bank Limited in this action. The basis of seeking the substitution is that Fidelity Bank was acquired by SBM Bank. That SBM Bank acquired all assets, interests and liabilities of Fidelity Bank in accordance with Section 3 of the Transfer of Business Act and The Capital Markets Act. That accordingly Fidelity Bank’s interests in this suit has devolved to SBM Bank. In support of the application there was annexed a Certificate of change of name dated 16

th

May 2017. That certificate reflects and certifies the change of name from Fidelity Bank to SBM Bank.

2. The application was not opposed by the defendant, quite rightly so, because in my view the orders sought are not prejudicial to the defendant.

CONCLUSION

3. The interest of justice will best be served by granting the orders sought.

4. Accordingly in respect to the Notice of Motion dated 14

th

February 2020 I grant the following orders:

a. Leave is hereby granted to SBM Bank (Kenya) Limited to substitute Fidelity Commercial Bank Limited as the Plaintiff in this action.

b. The costs of the Notice of Motion shall be in the cause.

DATED, SIGNED and DELIVERED at NAIROBI this 1

ST

day of JULY 2020.

MARY KASANGO

JUDGE

Before Justice Mary Kasango

C/A Sophie

For the Plaintiff:

For the Defendant:

ORDER

This decision is hereby virtually delivered this 1

st

day of July, 2020.

MARY KASANGO

JUDGE