Erick Kimingichi Wapang’ana t/a Magharibi Machineries Limited v Equity Bank Limited & another (Civil Appeal 107 of 2016) [2023] KECA 305 (KLR) (17 March 2023) (Judgment)

Facts

The appellant, Erick Kimingichi Wapang’ana, was advanced an overdraft facility of Kshs 7,800,000 by Equity Bank Limited. The appellant defaulted in repayment, leading to the bank seeking to auction the suit properties. The appellant filed a suit to stop the auction and sought an injunction. The injunction was granted, but later the respondents sought its discharge, variation, or setting aside.

Issues

1. Whether the court erred by dismissing the suit without affording the appellant a chance to be heard
2. Whether the hearing and ruling were unfair and unjustified
3. Whether the appellant did not tender evidence of repayment of the loan
4. Whether the learned judge had the power to set aside the dismissal and direct the appellant to appeal
5. Whether the learned judge erred by holding that he had no power to set aside the dismissal and direct the appellant to appeal
6. Whether the learned judge erred by holding that he had no power to extend the injunctive orders

Reasoning

The court held that the appellant did not have a valid reason to appeal the dismissal of the suit, as the last action in the matter was a ruling delivered on December 16, 2014, and the one-year period had not lapsed. The court also held that the learned judge had the power to extend the injunctive orders.

Outcome

Appeal dismissed

Authorities cited