The High Court has cleared the way for enforcement of a Sh2 billion judgment against Bank of Baroda in the Infinity Industrial Park dispute. [Courtesy]
Bank of Baroda has suffered a major setback after the High Court dismissed its bid to halt enforcement of a Sh2 billion judgment against it.
In a ruling, Justice Peter Mulwa found that the bank had shown indolence by failing to comply with a court-ordered deadline to file its defence, clearing the way for enforcement of a September 8, 2025 default judgment obtained by Infinity Industrial Park Limited.
Infinity Industrial Park Limited, the developer of the industrial park along Nairobi’s Eastern Bypass, had obtained a default judgment in proceedings against Bank of Baroda, with the company pursuing, among its remedies, a claim for approximately Sh2.9 billion in damages.
Bank of Baroda (Kenya) Limited subsequently moved to court to stop enforcement of the judgment arising from its long-running dispute with Infinity Industrial Park Limited over a loan facility and property offered as security.
The bank also sought orders to set aside the default judgment and prevent Infinity Industrial Park from taking steps to enforce the Sh2 billion award pending determination of its application.
It also wanted its memorandum of appearance and statement of defence dated September 29, 2025, deemed duly served on Infinity’s advocates.
Justice Mulwa, however, found that the bank had entered appearance through its advocates on July 24, 2024, participated in the proceedings and was subsequently granted leave to file a defence within a specified period.