Shah & another v Diamond Trust Bank of Kenya Ltd & another (Civil Application E466 of 2025) [2026] KECA 704 (KLR) (25 March 2026) (Ruling)

Facts

The applicants, Shah and Shah, are the registered proprietors of a property (House No. 9, Magnolia Hills) and have filed a suit against the respondent, Diamond Trust Bank of Kenya Ltd, challenging their indebtedness and seeking an order for discharge of a charge registered against the property. The respondent served a 45-day redemption notice, which the applicants sought to restrain.

Issues

1. Whether the applicants are entitled to an injunction pending an appeal
2. Whether the mere allegation that the property is matrimonial property entitles the applicants to an injunction

Reasoning

The court finds no merit in the application as the applicants are enjoying conservatory orders and the mere allegation of the property being matrimonial does not entitle them to an injunction. The existence of the conservatory orders renders the grant of the injunction sought unnecessary.

Outcome

Appeal dismissed with costs to the respondent