Following the acrimonious takeover last month, the Mombasa-based English Point Marina Beach Hotel now wants directors of a local bank cited for contempt of court.
The hotel, through its lawyers, accuses the bank of misinterpreting court orders issued to take over the hotel under receivership and now requests intervention from the appellate court.
The bank’s move to appoint Kamal Bhatt as receiver manager and administrator over a Sh5.2 billion debt claim had been halted by Justice Chepkwony pending the hearing and determination of a suit filed by Marina’s parent company, Pearl Beach Hotels Ltd.
“We hereby issue an order staying the Ruling and Orders of the Honorable Lady Justice Dorah Chepkwony delivered on 12th July 2022 and stay any further proceedings in High Court Commercial Court pending the hearing and determination of the applicants’ intended appeal,” the appellate court’s three-judge bench ruled.
English Point Marina has petitioned the Court of Appeal for clarification on the orders used by the bank to take over the facility through a Receiver.
In an application dated 5th November 2022, English point claims that while the court of appeals suspended proceedings at the high court, Justice Dorah Chepkwony’s various orders remain in effect.
