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Former Kesses MP Swarup Mishra (pictured) can now breathe a sigh of relief after the High Court issued a temporary injunction restraining the sale of his prime property in Eldoret town over a Sh61 million loan that is in arrears.
Mishra, his wife Pallavi Rajthan and their hospital, Mediheal Diagnostics and Fertility Centre had moved to the High Court in Eldoret against Legacy Auctioneer Services and Commercial International Bank (CIB) Kenya Limited.
In the matter before Justice Reuben Nyakundi, the former MP said the property hosts his Mediheal hospital, and auctioning the property will amount to risking the lives of patients. He dismissed claims that he had defaulted on his loan.
The bank claimed it had provided a loan facility to Mishra, which was secured by the suit property and that he defaulted in paying the loan, necessitating action being taken by the auctioneers towards the recovery of the loan arrears.
Justice Nyakundi, however, noted that the bank failed to table sufficient evidence to support its claims.
In the end, the court allowed Mishra's application, noting that Mediheal Hospital offers healthcare services and that an auction would require some of the vital infrastructure to be sold.
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