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Mawe Mbili Limited v Standard Chartered Bank of Kenya Limited & another; Equity Bank Kenya Limited (Proposed Interested Party) [2020] KEHC 3454 (KLR)

[2020] KEHC 3454 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
3454
Citation
[2020] KEHC 3454 (KLR)
Decided
15 June 2020
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from an order setting aside an earlier order granting access to company bank accountsCoramFrance, Harris, Makau, Muchelule, Nyamweya, Sheridan, That
Holding

The court will review and set aside the orders made on 18th December 2017, and grant JFRLD access to the company bank accounts to salvage the business.

Facts

Mawe Mbili Limited filed a suit against its director, JFRLD, seeking to lift a freezing order on its bank accounts. JFRLD applied to be granted access to the accounts, which were frozen due to a dispute between shareholders. The court granted JFRLD access on December 18, 2017, but Mawe Mbili Limited now seeks to have those orders set aside.

Issues

  1. Should the court set aside the orders made on 18th December 2017?
  2. Should JFRLD be granted access to the company bank accounts?

Reasoning

The court will review the orders due to the applicant's claim of improper service, and grant access to the accounts to allow JFRLD to salvage the business.

Outcome

The court will review and set aside the orders made on 18th December 2017, and grant JFRLD access to the company bank accounts.

Orders

  • Set aside the orders made on 18th December 2017
  • Grant JFRLD access to the company bank accounts

Remedies

  • Access to the company bank accounts to salvage the business

Authorities cited

Legislation (2)
  • Civil Procedure Act Cap 21
  • Order 12 Rule 7 of the Civil Procedure Rules 2010
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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