In the application dated 17.03.2023, the Plaintiff seeks to restrain the Defendant from exercising its statutory power of sale. The suit property was sold to a third party on 08.02.2023 at a public auction, a fact admitted by the Plaintiff. This was before the suit was filed on 22.03.2023. A third party has acquired an interest in the suit property hence the injunction cannot issue and the equity of redemption extinguished.
The application dated 17.03.2023 is therefore dismissed with no order as to costs.
DATED and DELIVERED at NAIROBI this 6th day of APRIL 2023
D. S. MAJANJA
JUDGE