BY SAM ALFAN.
Equity Bank has been barred from interfering with the management of a construction company or auctioning it’s property pending the determination of a petition the firm has filed.
High Court judge Alfred Mabeya barred the bank and Integra Auctioneers from force sale of Dickways Construction company property.
The judge said the management of the Construction company should remain as it was before it was placed under receivership.
“The status quo obtaining before the Receivers were appointed on 24th of November 2022 shall continue to obtain until Hon Mshillah J. deals with the matter in terms of the directions of Justice Chepkwony,” ordered Judge Mabea.
Dickways Construction company through lawyer Harrison Kinyanjui approached the court seeking to restrain Equity Bank and Integra Auctioneers from interfering with the management of the construction company .
The company urged the court to terminate appointment of Anthony Makenzie and Juliua Mumo Ngoga, who were appointed by the lender.
Lawyer Kinyanjui told the court that the lender maliciously appointed its agents Makenzie and Ngoga as receivers of Dickways Construction well aware of the court proceedings.
The appointment, he said, was done on November 24, a decision that was made unlawfully and without consent of the court.
He told the court that the Equity Bank agents unlawfully trespassed upon and moved into Dickways Construction property L.R I/707 (originally I/248/2) on 24th November and while using verbal threats to Dickways Construction director Rachael Githetu stated that she should move out of the company property.
The company added that the grave likelihood is that the said Equity Bank agents are likely now to illegally offer for sale or alienate the company’s land , properties, machinery , equipment,assets or stock which the company terms as entirely unlawful and impermissible.
“The plaintiffs are reasonably apprehensive that the actions of Equity Bank in planting it’s said “receivership/managers” in the company’s property if allowed to go uninhibited will mean that their evidence against Equity Bank in this suit (which evidence is now in custody of the company’s premises) will be pilfered , destroyed and taken away by the Equity Bank agents , hence grossly interfering with the company’s right to a fair trial,” lawyer Kinyanjui told the court.
He added that the bank extent had submitted itself and the claims under specific charges it assets affords it the platform to appoint receiver , the right thereof has not crystallized.
He submitted that the court having issued a temporary injunction stopping Equity bank from realizing it’s security under the disputed charge instruments effectively froze the unilateral exercise of such a right by Equity Bank to appoint receiver until the dispute is resolved.
