The Plaintiff to filed the application dated 18.05.2022 and application dated 13.12.2022 seeking an injunction to restrain the 1st Defendant from selling the suit property in exercise of its statutory power of sale. The suit property was sold to the 3rd Defendant who now states that she is no longer interested in the suit property due to the litigation. The 1st Defendant has acceded to the 3rd Defendant's request and vacated the sale.
As a result, the only prayer remaining in the application dated 18.05.2023 is for Plaintiff to be allowed to redeem the suit property within 60 days or the time limited by the court. The 1st Defendant does not object to the plea by the Plaintiff.
In the meantime, there is no cause of action against the 3rd Defendant and since no longer has a proprietary interest in suit property she is struck out from the suit. Each party to bear their costs in that respect.
In conclusion, I make the following orders in respect of the Plaintiffs applications dated 18.05.2022 and 13.12.2022:
(1) The Plaintiff is granted 60 days from the date hereof to redeem the suit property; NAIROBI BLOCK 60/430 Ngei Estate Phase I.
(2) The 1st Defendant is restrained from selling or otherwise dealing with the suit property NAIROBI BLOCK 60/430 Ngei Estate Phase I within the said 60 days.
(3) In default of such payment, the order of injunction shall lapse and the 1st Defendant shall be at liberty to sell the suit property in exercise of its statutory power of sale.
(4) The suit against 3rd Defendant is struck out with no order as to costs.
(5) The matter shall be mentioned before the Deputy Registrar on 21.07.2023 for directions.
DATED and DELIVERED at NAIROBI this 15th day of MAY 2023
D. S. MAJANJA
JUDGE