[2025] KEHC 8728 (KLR)
The court found that the application for review was merited, given the similarity between the present matter and HCCC No. 24 of 2017, and the fact that the orders in the related case had already been set aside. To ensure consistency and avoid conflicting directions, the court set aside the orders of 28th November,...
Source-derived case information.
- Citation
- [2025] KEHC 8728 (KLR)
- Parties
- Plaintiff: Lake Nakuru Lodge Ltd; Respondent: SBM Bank (K) Ltd The Successor of Chase Bank (K) Ltd (In Liquidation) (For this Account)
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Civil Case 46 of 2017
- Procedural Posture
- Civil Case / Ruling on Notice of Motion for Review and Setting Aside Orders
- Outcome
- Application allowed; previous orders set aside; directions from related case adopted.
- Judges
- HI Ong'udi
- Legal Topics
- Review of Court Orders, Setting Aside Orders, Application of Orders From Related Case
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lake Nakuru Lodge Ltd
Plaintiff
SBM Bank (K) Ltd The Successor of Chase Bank (K) Ltd (In Liquidation) (For this Account)
Respondent
Procedural Posture
Civil Case / Ruling on Notice of Motion for Review and Setting Aside Orders
Legal Issues
- 1 Whether the orders issued on 28th November, 2024 should be reviewed and set aside.
- 2 Whether the directions and orders in Nakuru HCCC No 24 of 2017 should apply to the present matter.
Ratio Decidendi
The court found that the application for review was merited, given the similarity between the present matter and HCCC No. 24 of 2017, and the fact that the orders in the related case had already been set aside. To ensure consistency and avoid conflicting directions, the court set aside the orders of 28th November, 2024 in this matter and directed that the orders and directions in Nakuru HCCC No. 24 of 2017 apply equally here. The court further directed a mention date for compliance, noting its own unavailability due to leave.
Court Disposition
Application allowed; previous orders set aside; directions from related case adopted.
Orders
- The orders issued on 28th November, 2024 are set aside.
- The orders and directions in Nakuru HCCC No. 24 of 2017 shall apply in this matter.
Full Case Text
Judgment text and source record
19 paragraphs
Lake Nakuru Lodge Ltd v SBM Bank (K) Ltd The Successor of Chase Bank (K) Ltd (In Liquidation) (For this Account)) (Civil Case 46 of 2017) [2025] KEHC 8728 (KLR) (19 June 2025) (Ruling)
Neutral citation: [2025] KEHC 8728 (KLR)
Republic of Kenya
In the High Court at Nakuru
Civil Case 46 of 2017
HI Ong'udi, J
June 19, 2025
Between
Lake Nakuru Lodge Ltd
Plaintiff
and
SBM Bank (K) Ltd The Successor of Chase Bank (K) Ltd (In Liquidation) (For this Account))
Respondent
Ruling
1. The defendant/applicant moved this court vide the Notice of Motion dated 5th December, 2024 seeking several orders. The said application is similar to the one filed in HCCC No. 24 of 2017. It seeks review of the orders issued by this court on 28th November, 2024 allowing the application dated 4th November, 2024
2. The court has allowed the said application and set aside the orders of 28th November, 2024 in HCCC No. 24 of 2017 – Lake Nakuru Crescent Camp Ltd v SBM Bank (K) Ltd, The successor of Chase Bank (K) Ltd (in liquidation). I therefore direct that the said orders and directions in Nakuru HCCC No 24 of 2017 do apply in this matter.
3. Mention on 21st July, 2025 before the DR to confirm compliance as this court will be on leave.
4. Orders accordingly
DELIVERED VIRTUALLY, DATED AND SIGNED THIS 19TH DAY OF JUNE, 2025 IN OPEN COURT AT NAKURU.H. I. ONG’UDIJUDGE