1. On 12/12/2025 this Court considered an application filed on 10/12/2025 by the Interested Parties that sought various Orders that included being granted access to take possession and to occupy the property known as Title Number; Nairobi/Block 92/259(Original No. 5884/16 ). Upon considering the application, the Court proceeded to grant exparte the prayers sought in the said application as prayers 2 and 3 and directed that the application be served and responses and submissions be filed, and the same be mentioned for further directions on 10/2/2026.
2. The said interim exparte Orders triggered the present application filed on 22/12/2025 that seeks to have this Court vacate the interim Orders issued on 12/12/2025. Upon considering of the same, the Court directed that the said application be served and be mentioned today 23/12/2025 for further directions and in addition, granted a temporary stay of the implementation of its Orders of 12/12/2025.
3. Parties have this morning appeared before the Court and made oral submissions in respect the two motions and also the other motions pending for determination before this Court. Having heard the oral submissions made before this Court today by Counsels for the Decree Holder/ Applicant and the Respondent/ Judgment Debtor and the Interested Parties, the Court has relooked at the record and notes that by its Ruling of 19/11/2024 the Court stated as follows in respect of the said subject property;-“ The finding by the Court also disposes of the Interested Parties Application of 5/7/2023 that sought to review the Ruling of this Court dated 14/6/2023 based on the Court of Appeal Ruling of 9/6/2023 in Synergy Industrial Credit Ltd vs I&M Bank & Anor (2023) KECA 661 KLR. The Stay of execution Orders being relied upon by the Interested Parties have now been discharged and Synergy can now continue with executing the decree meaning that it can complete the execution of the property Title Number Nairobi/Block 92/259 previously known as L.R. No. 5884/16 by attaching the same .”
4. I agree with the arguments by the Applicant/Decree holder that the Orders of 12/12/2025 are in direct contravention of the Court’s Ruling of 19/11/2024. I note that the said Ruling was delivered in the presence of all Counsels including the Counsel appearing for the Interested Parties and it is therefore not correct that the present application is seeking Orders that are different from those sought by the Interested Parties in their application of 5/7/2023. I find therefore that the present application has been brought with the full knowledge of the Ruling of this Court of 19/11/2024 and it is to say the least, an attempt to embarrass and mislead the Court to issues contradictory Orders in respect of the same dispute and amounts to an abuse of the Court process. However, since the argument being put forward by the Interested Parties is that the Prohibitory Orders have lapsed by application of the law, the Court will allow the parties to make submissions in respect of the said prayers that had not been considered, as earlier directed.
5. It is therefore my finding that the interim Orders granted to the Interested Parties on 12/12/2025 cannot be let to stand in view of the Courts findings in its Ruling of 19/11/2024, which Ruling has not been appealed against to date nor overturned by the Court of Appeal. The said interim Orders of 12/12/2025 are vacated forthwith and discharged. The property known as L.R. No. Nairobi/Block 92/259(L.R. No. 5884/16) shall revert to the Status Quo Ante , prior to the issuance of the Orders of 12/12/2025. The Interested Parties are ordered to vacate the said property (if indeed they have taken occupation) within twenty-four (24) hours from the date of these Orders failure to which the Applicant shall be at liberty to seek the assistance of the Inspector General of Police through the OCS Gigiri Police Station, to ensure the compliance of the same.
6. The rest of the Motions pending in this matter shall proceed as earlier directed on 10/2/2026. It is so ordered.
DATED SIGNED and DELIVERED virtually at NAIROBI this 23 rd DAY of DECEMBER 2025
............................................................................
J.W.W. MONG’ARE
JUDGE
IN THE PRESENCE OF:-
1. Ms. Ahmednassir Abdulahi SC for the Applicant.
2. Mr. Allen Gichuhi SC for the Respondent.
3. Mr. Martin Gitonga for the Interested Parties
4. Amos - Court Assistant
2. The said interim exparte Orders triggered the present application filed on 22/12/2025 that seeks to have this Court vacate the interim Orders issued on 12/12/2025. Upon considering of the same, the Court directed that the said application be served and be mentioned today 23/12/2025 for further directions and in addition, granted a temporary stay of the implementation of its Orders of 12/12/2025.
3. Parties have this morning appeared before the Court and made oral submissions in respect the two motions and also the other motions pending for determination before this Court. Having heard the oral submissions made before this Court today by Counsels for the Decree Holder/ Applicant and the Respondent/ Judgment Debtor and the Interested Parties, the Court has relooked at the record and notes that by its Ruling of 19/11/2024 the Court stated as follows in respect of the said subject property;-“ The finding by the Court also disposes of the Interested Parties Application of 5/7/2023 that sought to review the Ruling of this Court dated 14/6/2023 based on the Court of Appeal Ruling of 9/6/2023 in Synergy Industrial Credit Ltd vs I&M Bank & Anor (2023) KECA 661 KLR. The Stay of execution Orders being relied upon by the Interested Parties have now been discharged and Synergy can now continue with executing the decree meaning that it can complete the execution of the property Title Number Nairobi/Block 92/259 previously known as L.R. No. 5884/16 by attaching the same .”
4. I agree with the arguments by the Applicant/Decree holder that the Orders of 12/12/2025 are in direct contravention of the Court’s Ruling of 19/11/2024. I note that the said Ruling was delivered in the presence of all Counsels including the Counsel appearing for the Interested Parties and it is therefore not correct that the present application is seeking Orders that are different from those sought by the Interested Parties in their application of 5/7/2023. I find therefore that the present application has been brought with the full knowledge of the Ruling of this Court of 19/11/2024 and it is to say the least, an attempt to embarrass and mislead the Court to issues contradictory Orders in respect of the same dispute and amounts to an abuse of the Court process. However, since the argument being put forward by the Interested Parties is that the Prohibitory Orders have lapsed by application of the law, the Court will allow the parties to make submissions in respect of the said prayers that had not been considered, as earlier directed.
5. It is therefore my finding that the interim Orders granted to the Interested Parties on 12/12/2025 cannot be let to stand in view of the Courts findings in its Ruling of 19/11/2024, which Ruling has not been appealed against to date nor overturned by the Court of Appeal. The said interim Orders of 12/12/2025 are vacated forthwith and discharged. The property known as L.R. No. Nairobi/Block 92/259(L.R. No. 5884/16) shall revert to the Status Quo Ante , prior to the issuance of the Orders of 12/12/2025. The Interested Parties are ordered to vacate the said property (if indeed they have taken occupation) within twenty-four (24) hours from the date of these Orders failure to which the Applicant shall be at liberty to seek the assistance of the Inspector General of Police through the OCS Gigiri Police Station, to ensure the compliance of the same.
6. The rest of the Motions pending in this matter shall proceed as earlier directed on 10/2/2026. It is so ordered.
DATED SIGNED and DELIVERED virtually at NAIROBI this 23 rd DAY of DECEMBER 2025
............................................................................
J.W.W. MONG’ARE
JUDGE
IN THE PRESENCE OF:-
1. Ms. Ahmednassir Abdulahi SC for the Applicant.
2. Mr. Allen Gichuhi SC for the Respondent.
3. Mr. Martin Gitonga for the Interested Parties
4. Amos - Court Assistant