Our Partner, Nancy Karanu, recently acted for a leading commercial bank in a high-stakes dispute where the Plaintiffs sought to restrain the Bank from exercising its statutory power of sale over charged property.

The Plaintiffs filed an application at the High Court, seeking injunctive orders to halt the intended sale. Nancy Karanu successfully opposed the application, leading to its dismissal by the High Court, which upheld the Bank’s right to exercise its statutory remedies under the charge instrument and section 90 of the Land Act.

Undeterred, the Plaintiffs challenged the ruling at the Court of Appeal, but their appeal was similarly dismissed, with the Court of Appeal affirming the High Court’s decision and reiterating the well-established principles governing injunctions in the context of secured lending.

This case underscores the courts’ continued recognition of lenders’ rights under security instruments, and highlights the importance of compliance with statutory requirements before invoking the power of sale. We commend Nancy Karanu for her exceptional advocacy in successfully defending the Bank’s interests in both Superior Courts.