A TOUCH OF VELVET LTD. & 3 OTHERS v NATIONAL BANK OF KENYA [2007] KEHC 1884 (KLR)

Facts

The plaintiffs, A Touch of Velvet Ltd., Henry Hillary Njoroge, Karen Wanjiru Njoroge, and Licorne Pharmaceuticals Ltd., filed a suit against the defendant, National Bank of Kenya, regarding the sale and dealing with property LR No.7565/2 Red Hill, Kiambu District.

Issues

1. whether the defendant had varied the contract of guarantee
2. whether the filing of HCCC No.194 of 2003 by the defendant precluded the defendant from exercising its statutory power of sale
3. whether the compromise recorded in HCCC No. 647 of 2001 precludes the defendant from further advertising, selling, leasing, possessing, occupying, or otherwise dealing with the property

Reasoning

The court found that the defendant had not varied the contract of guarantee, that the filing of HCCC No.194 of 2003 did not preclude the defendant from exercising its statutory power of sale, and that the compromise recorded in HCCC No. 647 of 2001 did not preclude the defendant from further dealing with the property.

Outcome

The application for an injunction was denied.