Shanghavi & another v M Oriental Bank Limited (Civil Application E432 of 2025) [2026] KECA 821 (KLR) (30 April 2026) (Ruling)
- Court
- Court of Appeal
- Case number
- 821
- Citation
- [2026] KECA 821 (KLR)
- Decided
- 30 April 2026
- Judges
- W Karanja, LA Achode, AO Muchelule
- Parties
- raw · defendants · plaintiffs
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureAppeal from a High Court judgment dismissing an application for a conservatory orderCoramW. KARANJA, L. ACHODE, A.O. MUCHELULE
Holding
The application is not merited, and it is dismissed with costs to the respondent
Facts
Good Earth Group Limited obtained a Kshs.70 million loan from M. Oriental Bank Limited using a property as security. The loan was not serviced, and the property was sold by the bank. The applicants, who were directors and guarantors, sought a conservatory order to prevent the sale.
Issues
- Whether the applicants had a bona fide arguable ground to obtain an injunction
- Whether the intended appeal would be rendered nugatory if the injunction was not granted
Reasoning
The applicants did not present any arguable grounds to obtain an injunction, and the intended appeal would not be rendered nugatory if the injunction was not granted.
Outcome
Application dismissed with costs
Authorities cited
Cases cited (2)
- Stanley Kang'ethe Kinyanjui -vs- Tony Ketter & 5 Others, Civil Application No. 31 of 2012 [2013] KECA 378 (KLR)
- Kenafric Matches Ltd -vs- Match Masters Limited, Civil Application No. E092 of 2021 at Nairobi
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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