I have considered the applicant's application dated 4 April 2025 filed under a certificate of urgency of even date, unlike in the previous application, which did not bear any evidence of the payment of Kshs. 175,000,000/= alleged to have been paid in settlement of the loan due to the 1st respondent, the applicant has now exhibited bank statements showing that this amount has been paid. Why such a material fact was suppressed in the initial application is not clear from the applicant's pleadings. Be that as it may, based on this evidence, I hereby certify the application urgent. Based on the evidence provided, I am inclined to grant an interim injunction, which I hereby do, in the following terms:
1. Pending the hearing and determination of the previous application, dated 3 April 2025 an an order is hereby issued restraining the defendant/respondent, their agents, servants and/or employees from transferring, assigning, disposing off, advertising for sale, and/or alienating, selling by public auction, or completing any conveyance or transfer of any sale concluded by auction or in any way whatsoever interfering with the applicant's land parcel numbers L.R No. MN/1/21303 C.R. 71232 (Maisonette No. 2); C.R. 71234 (Maisonette No. 9); and, C.R. 71235 (Maisonette No. 10) Located at Mkomani area, off Mkomani Road, Mombasa County: L.R. No. MN/111/9612 C.R. 65662 located at Mtwapa area, Kilifi. County: L.R. No. MN/IV/928 C.R.53877 (Maisonette No. 4) Mtwapa Creek estate, Off Mtomondoni Creek Road, Kilifi. County: L.R. No. MN/IV/927 C.R.53876 (Maisonette No. 1,2 and 3) Mtwapa Creek estate, off Mtomondoni Creek Road, Kilifi. County: L.R. No. MN/IV/907 C.R.53872 (Maisonette No. 1 and 2) Mtwapa Creekestate, Off Mtomondoni Creek Road , Kiliji County: L.R. No. MN/IV/448 C.R. 71592(Maisonette 1); C.R. 71593(Maisonette2 ); C.R. 71596(Maisonette 10); C.R. 71595(Maisonette 30); C.R. 71594( Maisonette 31) Ivory Court, along Mtomondoni Road, Mtwapa area, Kiliji County: L.R. No. MN/IV/ 454 C.R.71599 (Maisonette No. 2); C.R. 71598 (Maisonette No. 8); C.R. 71597 (Maisonette No. 15) Watermark estate, Off Mtomondoni Creek road, Mtwapa area, Kiliji County: And, L.R. No. MN/1/343 C.R. 71152 (Maisonette No. A14); C.R. 71153 (Maisonette No. A15), Bamburi Parkside estate, Bamburi area, Mombasa County.
2. Prayer 1 above is granted on condition that the plaintiff/applicant will, within thirty days of the date of this order, provide a bank guarantee, of a reputable bank or financial institution, of Kshs. 5,000,000/= as security for costs and auctioneers charges which, subject to the outcome of the application and the suit, will be assessed as appropriate before payment.
3. In view of the impending Easter recess,the application dated 3 April 2025 shall now be heard inter partes on 11 June 2025.
It is so ordered.