The dispute between 5.2 billion shillings English Point Marina Beach Hotel In Mombasa, the Kenya Commercial Bank took a new turn after the hotel asked the Court of Appeal to speed up the case.
In its letter, the hotel wants the court to include the appeal previously filed Kenya Commercial Bank (KCB) to hear it earlier.
The hotel states that orders issued by that court on May 29, 2023, remain deadlocked over whether KCB should appoint a receivership manager.
Marina Maluba Anangwe’s lawyer said the orders issued by High Court Judge Dola Chipkoni were still valid and, therefore, KCB should have held her horses until the appeal was heard and decided.
“In light of the foregoing, we humbly pray that the present appeal will be heard by oral arguments at the earliest available date, on a priority basis, and as soon as possible for this esteemed court in light of the foregoing circumstances,” Anangwe’s letter read. in part.
The hotel had already gone back to the same court arguing that KCB’s takeover of the Sh5 billion loan was against the orders of the Commercial Court.
In an expeditiously filed application, the hotel said that although the Court of Appeal annulled Judge Dora Chepkoni’s orders of July 12, it did not suspend her previous orders of June 7.
The hotel accused KCB of misinterpreting issued court orders and took the hotel under receivership. It claims that KCB is disobeying court orders, adding that it is incurring losses and losing its reputation due to the bank’s actions.
“The Court of Appeals orders did not stop any additional orders and directions from the Supreme Court delivered by Mrs. Justice Dora Chipkwani on 7 June 2022, which remain in effect pending determination of an application dated 6 June 2022.” reads the application.
It claimed that despite the already difficult economic environment in the country, Marina had to incur a higher cost of doing business to maintain its operations due to its limited liquidity. It accuses the Central Bank of Korea of not acting in good faith.
Judge Chipkuni had suspended the bank’s decision to appoint Kamal Bhatt as receiver and administrative manager pending the hearing and decision of the lawsuit filed by the Marina’s parent company, Pearl Beach Hotels Limited.
The Court of Appeals suspended Judge Chepkuni’s orders and other hearings in the Commercial Court. In its appeal, KCB argued that the judge erred in making the orders because it owed money that was allegedly not paid.
Marina filed an urgent application before the Commercial Court, claiming that the bank illegally moved to seize the property without due process.
Meanwhile, Marina also asked the Court of Appeal to summon the directors of KCB Bank and the director of the receiver to explain why they were not sentenced to jail for disobeying the court order.
And I asked the court to summon the manager of the guard and return the management of the hotel to its owners until the request is decided.