Milimani courtThe High Court has paved the way for the auction of Bank of Baroda’s movable assets to recover Sh2.996 billion awarded to Infinity Industrial Park Limited in a long-running dispute between the lender and the company.
Deputy Registrar Stellah Sagwe issued a warrant directing Moran Auctioneers to attach the bank’s movable and attachable property to the extent necessary to satisfy the outstanding judgment.
The warrant states that Bank of Baroda was ordered by decrees issued on September 8, 2025, and September 1, 2026, to pay Infinity Sh2.996 billion.
The amount currently due and payable is listed as Sh2,996,003,000, including the decretal amount and additional costs set out in the warrant.
Moran Auctioneers has been directed to sell the attached property by public auction after giving the required 15-day notice and following the prescribed proclamation process.
"You are further commanded to return this warrant on or before the 15th day of October, 2026 with an endorsement certifying the day on which and manner in which it has been executed, or why it has not executed," court papers state.
The enforcement action follows a decree issued by Justice Peter Mulwa on September 1, 2026, in the dispute between Infinity Industrial Park and Bank of Baroda.
In the original suit filed in June 2024, Infinity had sought several orders against the bank, including an injunction restraining the lender from selling or otherwise dealing with its property, identified as Land Reference Number 31978, along the Eastern Bypass in Njiru, Nairobi.
The company had also sought an order compelling the bank to approve a Sh650 million loan for the development of a second cluster of warehouses or, alternatively, release a further 15 acres of the project land to enable Infinity to obtain financing from other financial institutions.
Infinity claimed that the bank’s alleged failure to release documents and land had affected the development and sale of warehouses and serviced industrial plots.
The company sought general damages for breach of contract and negligence, alongside Sh2.996 billion in special damages.
Bank of Baroda in its defence had attributed its failure to file responses in the Sh2.9 billion commercial dispute with Infinity Industrial Park to its former lawyers.
In affidavits before the High Court, credit officer Hillary Sang claimed the lawyers failed to inform the bank that the court had granted it leave to file a defence within a specified period.
The bank argued it was therefore not correctly briefed on the opportunity to respond to Infinity’s claims.
The position emerged in proceedings before the High Court’s Commercial and Tax Division, where Justice Peter Mulwa on July 31, 2026, dismissed the bank’s bid to set aside the default judgment.
The judge also noted that no affidavit had been sworn by the advocate on record explaining any mistake, inadvertence or other excusable circumstance behind the failure to file the defence.
Infinity later withdrew several of the prayers in its plaint. The court adopted a notice of withdrawal dated August 6, 2026, marking the other prayers as withdrawn.
The monetary claim remained, with the court entering judgment for Infinity for special damages of Sh2.996 billion.
The latest warrant represents an enforcement step following that judgment, allowing Infinity, as the decree-holder, to pursue the judgment-debtor’s movable assets to recover the outstanding amount.
The enforcement order puts the bank’s movable assets at risk of auction unless the judgment debt is otherwise satisfied.
