RULING
1. The application before the Court is dated 28.7.2025. It is supported by the affidavit of STEPHEN MWANZA GACHIE Advocate sworn on the same date.
2. It is a post judgment application brought under the provisions of Order 22 Rule 55 of the Civil Procedure Rules and Section 1, 1B and 3A of the Civil Procedure Act.
3. The application seeks the following orders:
1. “THAT this Honourable Court now be pleased to set a date for the sale by Public Auction of the 2 other properties known as NYANDARUA/TULAGA/1893 and Land Reference No. 12715/8854 - SYOKIMAU.
2. THAT this Honourable Court be pleased to direct that the auctioneer’s expenses and costs of advertising the sale by public auction of the properties be recovered from the proceeds.
3. THAT the costs of the application be provided for and the whereabouts of the 1st Defendant are unknown.
4. Judgment was entered in this suit on 27.6.2017 and a Decree issued.
5. The Decree remains unsatisfied.
6. The Court issued similar orders issued on 30.9.2019 in respect of Plot No. NAIROBI BLOCK 76/516 - BURUBURU.
7. That the Applicant now seeks these orders so as to proceed against the two other properties stated.
8. This Court is satisfied that it has the jurisdiction to grant the orders sought and proceeds to grant the same.
9. The costs of this application will be costs in the cause.
10. The file will be placed before the Deputy Registrar for the settlement of the terms of sale.
11. The mention on 25.5.2026 before the Deputy Registrar for settlement of the terms of sale.
DATED, SIGNED AND DELIVERED AT MILIMANI THIS 7TH DAY OF MAY, 2026.
NJOROGE BENJAMIN K.
JUDGE
1. The application before the Court is dated 28.7.2025. It is supported by the affidavit of STEPHEN MWANZA GACHIE Advocate sworn on the same date.
2. It is a post judgment application brought under the provisions of Order 22 Rule 55 of the Civil Procedure Rules and Section 1, 1B and 3A of the Civil Procedure Act.
3. The application seeks the following orders:
1. “THAT this Honourable Court now be pleased to set a date for the sale by Public Auction of the 2 other properties known as NYANDARUA/TULAGA/1893 and Land Reference No. 12715/8854 - SYOKIMAU.
2. THAT this Honourable Court be pleased to direct that the auctioneer’s expenses and costs of advertising the sale by public auction of the properties be recovered from the proceeds.
3. THAT the costs of the application be provided for and the whereabouts of the 1st Defendant are unknown.
4. Judgment was entered in this suit on 27.6.2017 and a Decree issued.
5. The Decree remains unsatisfied.
6. The Court issued similar orders issued on 30.9.2019 in respect of Plot No. NAIROBI BLOCK 76/516 - BURUBURU.
7. That the Applicant now seeks these orders so as to proceed against the two other properties stated.
8. This Court is satisfied that it has the jurisdiction to grant the orders sought and proceeds to grant the same.
9. The costs of this application will be costs in the cause.
10. The file will be placed before the Deputy Registrar for the settlement of the terms of sale.
11. The mention on 25.5.2026 before the Deputy Registrar for settlement of the terms of sale.
DATED, SIGNED AND DELIVERED AT MILIMANI THIS 7TH DAY OF MAY, 2026.
NJOROGE BENJAMIN K.
JUDGE