1. The applicant seeks interim orders in this matter in terms of prayer No. 2 of the application.
2. That application is opposed by the Respondent who maintains that the Applicant has not been paying this debt. That out of the principal amount of Kshs. 4.5. million, only 900,000.00 has been repaid.
3. The Respondent has filed a Replying Affidavit and seeks 14 days to file a Further Affidavit.
4. Having heard the parties, the Court is minded to issue a temporary injunction to stop any sale of the Plaintiff’s property in exercise of statutory power of sale.
5. However that is on condition that the Plaintiff does pay to the Defendant a sum of Kshs.1,00,000.00 (One Million) within the next thirty (30) days from the date hereof. In default of payment the temporary injunction granted herein shall lapse and the Defendant may proceed to advertise the property for sale.
6. In the meantime, the Defendant is granted leave to file a Further Affidavit within 14 days.
7. The Applicant is granted 7 days to file a Supplementary Affidavit and thereafter 10 days to file Submissions to the application.
8. The Defendant/Respondent to file Submissions within 10 days thereafter.
9. Mention to confirm compliance with Courts direction on 24.9.2026 by consent.
DATED, SIGNED AND DELIVERED AT MILIMANI THIS 13TH DAY OF MAY, 2026.
NJOROGE BENJAMIN K.
JUDGE
In the presence of :
Miss Esami holding Brief for Mr. Nyamu for the Plaintiff/Applicant.
Miss Diana Mumo with Bob Bruno for the Defendant/Respondent.
2. That application is opposed by the Respondent who maintains that the Applicant has not been paying this debt. That out of the principal amount of Kshs. 4.5. million, only 900,000.00 has been repaid.
3. The Respondent has filed a Replying Affidavit and seeks 14 days to file a Further Affidavit.
4. Having heard the parties, the Court is minded to issue a temporary injunction to stop any sale of the Plaintiff’s property in exercise of statutory power of sale.
5. However that is on condition that the Plaintiff does pay to the Defendant a sum of Kshs.1,00,000.00 (One Million) within the next thirty (30) days from the date hereof. In default of payment the temporary injunction granted herein shall lapse and the Defendant may proceed to advertise the property for sale.
6. In the meantime, the Defendant is granted leave to file a Further Affidavit within 14 days.
7. The Applicant is granted 7 days to file a Supplementary Affidavit and thereafter 10 days to file Submissions to the application.
8. The Defendant/Respondent to file Submissions within 10 days thereafter.
9. Mention to confirm compliance with Courts direction on 24.9.2026 by consent.
DATED, SIGNED AND DELIVERED AT MILIMANI THIS 13TH DAY OF MAY, 2026.
NJOROGE BENJAMIN K.
JUDGE
In the presence of :
Miss Esami holding Brief for Mr. Nyamu for the Plaintiff/Applicant.
Miss Diana Mumo with Bob Bruno for the Defendant/Respondent.