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JudgmentEUNICE AKALY ASENA SUING AS THE ADMINISTRATOR OF THE ESTATE OF GERALD LIDALI AKALI VS JOSRICK MERCHANTS AUCTIONEERS AND NCBA BANK KENYA PLC AND 2 Others1 min read

EUNICE AKALY ASENA SUING AS THE ADMINISTRATOR OF THE ESTATE OF GERALD LIDALI AKALI VS JOSRICK MERCHANTS AUCTIONEERS AND NCBA BANK KENYA PLC AND 2 Others

High Court at Milimani High Court · · Njoroge Benjamin K.

' The Court has been notified that the suit property has already been sold to a party named Minka Resources . They are not parties to this suit. The sale is said to have taken place on 10.6.2025. The Bank has released the Title documents to the Purchaser.
At this juncture the Court is requested to stop the transfer of the suit premises as the sale has not been registered.
The Court is also required to stop the 4th Defendant from demanding rents from the tenants.
At this juncture it is not clear to this Court how the 4th Defendant is demanding rent for the premises.
Looking at the case before the Court, the Court is unable to proceed in the manner suggested by the Plaintiff.
The application is not certified as urgent.
The Court proceeds to restrain the Land Registrar from registering any transfer of the suit property being Dagorretti/Uthiru/1438 , if that has not already been done, pending the hearing of this application.
The Court is not persuaded that it should grant any orders relating to rents at this point in time.
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Njoroge Benjamin K. - Judge
25.9.2025
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High Court

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