1. I have carefully considered the application dated 25/11/24 together with the response thereto and the written submissions filed by the adversaries. The applicants seek to have the respondents ordered to render an account of the rental income collected from LR NO. 209/2669 – IR 85115 [hereinafter the suit property] and to be restrained from proceeding with execution until such account has been rendered.
2. The application arises from an interlocutory judgment delivered on 8th February 2023 in which the applicants were ordered to pay the amount of Kshs. 184,462,956.78.
3. By the affidavit of Simon Ngigi Kimani sworn on 25th November 2024 the applicants contend that the suit property is leased out to a 3rd party since the year 2018 and that the respondent Bank has been collecting rent from the said lease. Unfortunately, these averments are unsubstantiated as no evidence has been presented to support the claims.
4. However, the averments by the Bank through the replying affidavit sworn on 20th February, 2025 tell a different story. The certificate of sale dated 10th July, 2021 confirms that the suit property was in fact sold by public auction to JASBIR SINGH SURI at a purchase price of KShs.80,000,000/-.
5. The Bank has equally produced the ruling dated 4th June, 2019 which seemingly paved way for the auction. It further appears that the loan remains in default even after the auction of the suit property, as asserted by the Bank and corroborated by the bank statements produced.
6. Accordingly, and from my evaluation of the evidence before me, there is no merit in the application dated 25/11/2024. The same is dismissed with costs to the respondents.
DATED, SIGNED AND DELIVERED IN NAIROBI
THIS 5TH DAY OF JUNE 2025.
F. MUGAMBI
JUDGE
2. The application arises from an interlocutory judgment delivered on 8th February 2023 in which the applicants were ordered to pay the amount of Kshs. 184,462,956.78.
3. By the affidavit of Simon Ngigi Kimani sworn on 25th November 2024 the applicants contend that the suit property is leased out to a 3rd party since the year 2018 and that the respondent Bank has been collecting rent from the said lease. Unfortunately, these averments are unsubstantiated as no evidence has been presented to support the claims.
4. However, the averments by the Bank through the replying affidavit sworn on 20th February, 2025 tell a different story. The certificate of sale dated 10th July, 2021 confirms that the suit property was in fact sold by public auction to JASBIR SINGH SURI at a purchase price of KShs.80,000,000/-.
5. The Bank has equally produced the ruling dated 4th June, 2019 which seemingly paved way for the auction. It further appears that the loan remains in default even after the auction of the suit property, as asserted by the Bank and corroborated by the bank statements produced.
6. Accordingly, and from my evaluation of the evidence before me, there is no merit in the application dated 25/11/2024. The same is dismissed with costs to the respondents.
DATED, SIGNED AND DELIVERED IN NAIROBI
THIS 5TH DAY OF JUNE 2025.
F. MUGAMBI
JUDGE