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…A copy of the bank guarantee was annexed to the affidavit. 69.…

…guarantee.…

…A bank guarantee is not a security as its enforcement must always be through a fresh suit thus not readily available for money judgments.…

…That he cannot enforce the alleged bank guarantee against third parties who are not parties to this case.…

…The Defendant/Applicant seeks that this court be pleased to extend the time for furnishing the bank guarantee as ordered on 16th November 2023 by a further 7 days such that the bank guarantee issued by Citibank N.A in favour…

…That pursuant to provisions of Order 50 Rule 3 of the Civil Procedure Rules, the time limit for the bank guarantee to be availed was on 18th December 2023 and that the 2-day delay to avail the bank guarantee is excusable.…

…The Defendant/Applicant seeks that this court be pleased to extend the time for furnishing the bank guarantee as ordered on 16th November 2023 by a further 7 days such that the bank guarantee issued by Citibank N.A in favour…

…That pursuant to provisions of Order 50 Rule 3 of the Civil Procedure Rules, the time limit for the bank guarantee to be availed was on 18th December 2023 and that the 2-day delay to avail the bank guarantee is excusable.…

…A bank guarantee is not a security as its enforcement must always be through a fresh suit thus not readily available for money judgments.…

…That he cannot enforce the alleged bank guarantee against third parties who are not parties to this case.…

…The learned Magistrate erred in failing to find that the plaintiff had admitted that he provided a bank guarantee double the amount he owed the plaintiff.…

…He added that the 1 st respondent asked the appellant to discount the bank guarantee which the appellant declined and hence the invoking of the guarantee.…

…The issue of bank guarantee is not a new one as it featured during hearing of the application for stay. It was common ground that a bank guarantee automatically expires after a year and would have to be renewed.…

…Indeed the bank guarantee for KShs. 2 million ordered pending inter partes hearing of the application for stay had expired at the time of hearing of the application.…

…On 22.3.2024, it issued a bank guarantee of Kshs. 61,987,387.60 from Diamond Trust to SBM Bank. Applicant’s case 9.…

…In absence of such elements the bank guarantee has to be honoured by the bank and the beneficiary cannot be restrained from enforcement......” 51.…

…Whilst the appellant preferred a bank guarantee, the respondent pressed for a cash deposit. 3. The appellant filed submissions whilst the respondent relied on its aforesaid replying affidavit.…

…The appellant has offered a bank guarantee whilst the respondent has preferred deposit of the decretal sum in an interest earning account. 6.…

…The issue of bank guarantee is not a new one as it featured during hearing of the application for stay. It was common ground that a bank guarantee automatically expires after a year and would have to be renewed.…

…Indeed the bank guarantee for KShs. 2 million ordered pending inter partes hearing of the application for stay had expired at the time of hearing of the application.…

…He contended that the defendant’s offer to provide a bank guarantee instead of depositing the decretal sum is inadequate as a bank guarantee is insufficient security due to its annual expiry, dependent on the defendant’s…

…It went ahead to exhibit a bank guarantee dated 2nd May 2025 from the Cooperative Bank.…

…In addition to the bank guarantee he offered as security, the applicant submitted that the respondent can be assuaged by an award of costs.…

…Guarantee. [11] It was the respondent’s submission that the security being provided by the applicant in terms of a General Bank Guarantee is insufficient and does not meet the requirements of Order 42 Rule 6 of the Civil…

…The Defendant maintains that it had in fact procured a valid bank guarantee from ABC Bank in compliance with the Deed.…

…On its part, the Defendant contends that it duly procured a bank guarantee from ABC Bank in compliance with the Deed.…

…She has also deposed that they are ready and willing to furnish the court with bank guarantee as security, pending the hearing and determination of the appeal. The bank guarantee is exhibited as JK3.…

…They have also argued that although the respondent is offering a bank guarantee, that is not deposed on her affidavit of means.…

…The Appellant/Applicant has in compliance with the requirements of Order 42 Rule 6 offered to provide a bank guarantee as security for costs.…

…guarantee.…

…The Applicants seek an order directing the release to the Respondents of all monies held by the Guarantor Bank under Bank Guarantee Form FCB/94/07 in the sum of Kshs. 54,755.50/=, and Bank Guarantee Form FCB/55/07 in the…

…The Guarantor maintained that it had no knowledge of, nor any involvement in, the issuance of the bank guarantees in question. 13.…

…Instead, the applicant prays to be allowed to execute a bank guarantee of Kshs. 5,000,000/= as security pending the hearing and determination of the intended appeal. 2.…

…Regarding the suggested security, it is the respondent’s contention that the bank guarantee of Kshs. 5 million against the disputed tax of Kshs. 37,666,450/= is unproportionate. Analysis and determination 8.…

…As a condition precedent to these contracts, Edward was required to provide a bank guarantee. c) On March 11, 2014, KCB Bank issued Bank Guarantee No.…

…The cause of action regarding the termination of the dealership and the recall of the bank guarantee arose in April and May 2014.…

…Guarantee within 30 days from the date of the ruling. [4] It was the contention of the applicant that the respondents failed to comply with the orders of the Court and consequently did not furnish the requisite Bank Guarantee…

…The respondent urged the Court to find that the Bank Guarantee was indeed provided and is valid for all practical purposes.…