'1. Before this court is an application under Certificate of urgency seeking the following orders:-
i. THAT this application be certified as urgent and service of the same be dispensed with in the first instance.
ii. THAT an interlocutory injunction do issue restraining the Defendants/Respondents, their agents, servants and/or employees from advertising, offering for sale by way of public auction or private treaty and/or transferring, disposing off and/or in any manner dealing with all that1st plaintiff''s Parcel of Land known as Parcels of Land known as. ELDORET MUNICIPALITY/BLOCK 14/2464 pending the hearing and determination of this application inter-parties.
iii. THAT a permanent injunction do issue restraining the Defendants/Respondents, their agents, servants and/or employees from advertising, offering for sale by way of public auction or private treaty Parcel of Land known as Parcels of Land known as LR. ELDORET MUNICIPALITY/BLOCK 14/2464 pending the hearing and determination of the main suit.
iv. THAT and order do issue to the 1st defendant/respondent ordering them to supply all the loan account statements relating to the loans advanced to the2nd Plaintiff and the further charge documents.
v. 5. THAT costs be provided for:-
WHICH APPLICATION annexed affidavit of IRENE CHEBET and further grounds to be adduced at the hearing hereof?
(a) THAT the 1st Plaintiff/Applicant charged her land parcel LR. ELDORETa.collateral for a Kshs. 5,000,000/= loan facility advanced to the Borrower Robimart Petroleum ltd.
(b) THAT the aid facility has been serviced fully.
(c) THAT the plaintiff has been served with a notification of sale by way of public Auction for her land parcel which has also been advertised for sale on the 5th day of November, 2025
(d) THAT the notification of sale mentions service of redemption notices which have never been served upon her.
(e) THAT the Plaintiff has also discovered from the copy of Title deed supplied by the 1st defendant and two further charges of Kshs.15,000,000/=and 9,000,000/=were registered against the same which she contends was irregular as she didn''t execute the same.
(f) THAT apart from the Notification of sale dated the 16th day of October,2025 the defendants have not served the plaintiff with all other Statutory Notices in compliance with the mandatory provisions of the Land Act No.6 of 2012.
(g) THAT the 1st and 2nd defendants have served the plaintiff with a notification of sale and advertised the property hence clogging the 90days statutory period which the plaintiff is granted by the law.
(h) THAT as such the auction will be unlawful and unprocedural compounded by the fact that the said property is her family homes/matrimonial home and sale of the same will render homeless and destitute.
DECISION
1. This matter has been considered and the same is certified urgent exparte in the first instance.
2. The application be served upon the Respondents for inter-parties hearing on 5.11.2025 at 8.00 before Court No. 1
3. That the application under Order 40 Rule 1 & 2 be canvassed at 8.00 o’clock
4. The Application be served via e-mails to the Respondents
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i. THAT this application be certified as urgent and service of the same be dispensed with in the first instance.
ii. THAT an interlocutory injunction do issue restraining the Defendants/Respondents, their agents, servants and/or employees from advertising, offering for sale by way of public auction or private treaty and/or transferring, disposing off and/or in any manner dealing with all that1st plaintiff''s Parcel of Land known as Parcels of Land known as. ELDORET MUNICIPALITY/BLOCK 14/2464 pending the hearing and determination of this application inter-parties.
iii. THAT a permanent injunction do issue restraining the Defendants/Respondents, their agents, servants and/or employees from advertising, offering for sale by way of public auction or private treaty Parcel of Land known as Parcels of Land known as LR. ELDORET MUNICIPALITY/BLOCK 14/2464 pending the hearing and determination of the main suit.
iv. THAT and order do issue to the 1st defendant/respondent ordering them to supply all the loan account statements relating to the loans advanced to the2nd Plaintiff and the further charge documents.
v. 5. THAT costs be provided for:-
WHICH APPLICATION annexed affidavit of IRENE CHEBET and further grounds to be adduced at the hearing hereof?
(a) THAT the 1st Plaintiff/Applicant charged her land parcel LR. ELDORETa.collateral for a Kshs. 5,000,000/= loan facility advanced to the Borrower Robimart Petroleum ltd.
(b) THAT the aid facility has been serviced fully.
(c) THAT the plaintiff has been served with a notification of sale by way of public Auction for her land parcel which has also been advertised for sale on the 5th day of November, 2025
(d) THAT the notification of sale mentions service of redemption notices which have never been served upon her.
(e) THAT the Plaintiff has also discovered from the copy of Title deed supplied by the 1st defendant and two further charges of Kshs.15,000,000/=and 9,000,000/=were registered against the same which she contends was irregular as she didn''t execute the same.
(f) THAT apart from the Notification of sale dated the 16th day of October,2025 the defendants have not served the plaintiff with all other Statutory Notices in compliance with the mandatory provisions of the Land Act No.6 of 2012.
(g) THAT the 1st and 2nd defendants have served the plaintiff with a notification of sale and advertised the property hence clogging the 90days statutory period which the plaintiff is granted by the law.
(h) THAT as such the auction will be unlawful and unprocedural compounded by the fact that the said property is her family homes/matrimonial home and sale of the same will render homeless and destitute.
DECISION
1. This matter has been considered and the same is certified urgent exparte in the first instance.
2. The application be served upon the Respondents for inter-parties hearing on 5.11.2025 at 8.00 before Court No. 1
3. That the application under Order 40 Rule 1 & 2 be canvassed at 8.00 o’clock
4. The Application be served via e-mails to the Respondents
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