The High Court has restrained Equity Bank Limited and Integra Auctioneers from acting as receivers or managers of Dickways Construction Company.
Justice Alfred Mabeya directed the status quo obtained before the receivers were appointed to be maintained.
“The status quo obtained before the receivers were appointed on 24th of November 2022 shall continue until Hon Mshillah J. deals with the matter in terms of the directions of Justice Chepkwony,” Justice Mabeya ruled.
Dickways Construction moved to court seeking to restrain Equity Bank and Integra Auctioneers from interfering with the management of the construction company .
The applicant also wants the court to terminate the appointment of Anthony Makenzie and Juliua Mumo Ngoga acting as Equity Bank receivers of the company.
The court heard that the Equity Bank agents unlawfully trespassed upon and moved into Dickways Construction property L.R I/707 (originally I/248/2) on 24th November and while using verbal threats to Dickways Construction director Rachael Githeru stated that she should move out of the company property.
According to court documents, on the same dates, Equity Bank purported to unilaterally and maliciously appoint its agents as receivers of Dickways Construction unlawfully and without court consent, even when they were well aware of the court proceedings adjudication and such acts amount to actionable undue interference with administration of justice.
“There is grave likelihood that the said Equity Bank agents are likely now to illegally offer for sale or alienate the company’s land, properties, machinery, equipment, assets or stock which the company terms as entirely unlawful and impermissible,” said the applicant.