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Guarantor family home and trade finance — continuing security and sale notices — Mombasa Case and Document Guide

Decision analysed: Masakha v Family Bank Limited & 2 others — [2025] KEHC 2209 (KLR) — 20 January 2025

Court: High Court at Mombasa

The dispute

A co-owner charged a matrimonial property for a company trade-finance facility of Kshs 30 million. He claimed a Kshs 6.3 million liability limit and objected to a sale for more than Kshs 52 million under later facilities. The bank asserted continuing security and service of the required notices.

What the Court decided

The Court granted a temporary injunction restraining dealing with the charged property pending the suit, with costs in the cause. This interlocutory ruling did not finally discharge the debt, release the charge or settle the disputed guarantee and facility interpretation.

What this decision does and does not establish

Distinguish the personal guarantee from the charge, original facility from later advances, and alleged non-service from proved dispatch to the correct address. Land Act sections 84, 90 and 96 and Order 40 were raised. Matrimonial status alone does not permanently prevent sale of a valid security; the source injunction depended on the actual evidence and sequential injunction tests.

Choose a document for the procedural task

Trade Finance Guarantor Home — Motion to Restrain Charged Property Sale

Use the actual existing cause, applicable power and precise interim or substantive prayers with genuine supporting evidence. Disclose adverse facts, earlier applications, current orders and delay. Complete affidavit, exhibits, urgency certificate only where justified, fee and service under current directions. A proposed corrected motion does not establish that the missing facts or procedural permission exist.

Limited Guarantee and Later Facilities — Chargor Supporting Affidavit

Complete the deponent identity, authority and actual personal-knowledge or identified-information basis. Index and authenticate genuine exhibits; missing exhibits are not supplied by this text. An affidavit is evidence, not a vehicle for new unpleaded relief or invented expert conclusions. Obtain any required leave for a further affidavit and complete a valid jurat before a competent authorised person. This specimen is unsworn.

Continuing Charge and Statutory Notices — Bank Replying Affidavit

Complete the deponent identity, authority and actual personal-knowledge or identified-information basis. Index and authenticate genuine exhibits; missing exhibits are not supplied by this text. An affidavit is evidence, not a vehicle for new unpleaded relief or invented expert conclusions. Obtain any required leave for a further affidavit and complete a valid jurat before a competent authorised person. This specimen is unsworn.

Charge, Guarantee and Sale Notice Comparison — Evidence Schedule

This is an evidential or accounting aid, not an originating process or independent proof. Give dates, authors or custodians, admissibility status, actual document pages and transparent calculations. Label missing and disputed items. Obtain the applicable leave or directions for supplementary evidence, serve it and prevent duplicate credits or recovery.

Guarantor Auction Injunction — Submissions on Security Scope and Service

Identify pleaded issues, admitted evidence and genuine record pages. Follow directions on length, authorities, filing and service. Submissions do not introduce exhibits or cure missing substantive prayers. Distinguish what a party sought from what the Court ordered, and an unsuccessful historical position from the actual holding.

Read the reproduced primary judicial text

Primary source and reconstruction

Read the original judgment: [2025] KEHC 2209 (KLR)

The primary judicial text, Mombasa heading, reasons and operative orders were checked. Each sample is newly drafted and uses bracketed specimen identities. Unsuccessful historical positions and proposed corrections are identified. No original filed wording, exhibits, subsequent-order assurance or licensed-advocate review is claimed. Check the authentic court file, current law and directions before use.

These documents are newly drafted educational reconstructions, not original filed pleadings or matters handled by our team. The original decision may identify participants; the specimens replace identifying details with bracketed fields. Losing positions remain marked unsuccessful. An advocate must adapt jurisdiction, evidence, prayers and procedure to the actual case.