Case ID:169022

Benchmark Management Limited v Stanbic Bank Kenya Limited & another [2021] eKLR

Case Metadata

Case Number:

Commercial Case 56 of 2020

Parties:

Benchmark Management Limited v Stanbic Bank Kenya Limited & Keysian Auctioneers

Date Delivered:

20 Jan 2021

Case Class:

Civil

Court:

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

Case Action:

Ruling

Judge(s):

Alfred Mabeya

Citation:

Benchmark Management Limited v Stanbic Bank Kenya Limited & another [2021] eKLR

Court Division:

Commercial Tax & Admiralty

County:

Nairobi

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

COMMERCIAL CASE NO. 56 OF 2020

BETWEEN

BENCHMARK MANAGEMENT LIMITED...........................PLAINTIFF/APPLICANT

AND

STANBIC BANK KENYA LIMITED.....................

....1

ST

DEFENDANT/RESPONDENT

KEYSIAN AUCTIONEERS........................................2

ND

DEFENDANT/RESPONDENT

R U L I N G

1. By a Motion on Notice dated 7/10/2020 brought under

Order 51 Rule 1

of the

Civil Procedure Rules

, s

ections 1A, 1B, 3A and 63(e)

of the

Civil Procedure Act, Cap 21 Laws of Kenya,

the applicant sought an injunction to restrain the respondents and/or their agents/servants/employees from entering, trespassing, transferring and/or in any way whatsoever dealing with Apartment No. A, Kita Gardens Apartments erected on

LR. No. 209/3221 Kileleshwa

, Nairobi (“the suit property”).

2. The Motion was supported by the affidavits of

Ben R. N. Mbai

, the Director of the applicant sworn on 7/10/2020 and 30/11/2020, respectively. The applicant’s contention was that it is the registered owner of the suit property. That on 30/9/2020, the 2

nd

respondent, on the instructions of the 1

st

respondent, purported to sell by public auction the suit property.

3. Before considering this Motion, I note that a third party is involved in this matter who is not party to these proceedings. This is borne by the averment in

paragraph 22

of the replying affidavit of

Elisha Nyikuli

sworn on 13/11/2020, wherein she avers that the suit property was sold on 30/9/2020.

4. I note from the aforesaid averment that the particulars of the purchaser of the suit property and the purchase price were not disclosed. There is already an allegation of under valuation of the property.

5. Before the Court can consider the matter and make any orders that may adversely affect a 3

rd

party who is not a party to the proceedings, I direct that the purchaser of the property be enjoined in this suit within 14 days. It is only after his/her joinder that the matter can be effectively dealt with.

6. Accordingly, the interim orders in force will continue to subsist until further orders of the Court.

7. Since the particulars of the purchaser are only known to the bank, let the bank make the requisite application to join him or her within the stipulated period. The matter will be mentioned after 30 days of this ruling.

It is so ordered.

DATED

and

DELIVERED

at Nairobi this 20

th

day of January, 2021.

A. MABEYA, FCIArb

JUDGE