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JudgmentHart Traders Limited AND ISAAC MWANGI MAINA VS SUSAN WAWERU T/A TREVO AUCTIONEERS AND ABSA BANK KENYA PLC1 min read

Hart Traders Limited AND ISAAC MWANGI MAINA VS SUSAN WAWERU T/A TREVO AUCTIONEERS AND ABSA BANK KENYA PLC

High Court at Mombasa High Court · · Jairus Ngaah

'I have read the applicants'' application dated 27 October 2025 filed under a certificate of urgency of even date. I note from the pleadings that the statutory notice was issued way back in January 2025. The auction is scheduled for 30 October 2025. In these circumstances, I have not found any or any sufficient reason why the applicants had to wait until three days to the auction of the property to file the instant application when they were put on notice of the intended auction as early as January 2025. For this reason, I am unable to certify the application as urgent. Accordingly, I direct that the application be served for mention for directions on the manner of its disposal on 11 November 2025. In the meantime, the respondents are directed to file and serve their response to the application within seven days of the date of service of the application. Orders accordingly.'

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