RULING
1. The Plaintiff/Applicant has come to Court seeking to stop the Public Auction scheduled for 22/4/2026. This is through the application dated 10/4/2026.
2. It states that it entered into a joint venture agreement with the Borrower. It has taken possession of the property and repaid part of the loan. That if the sale goes on, the property will be sold. It will suffer loss of the investment in terms of the construction and monies expended on the project.
3. The Applicant seeks a temporary injunction pending the hearing of the application dated 10/4/2026.
4. This is opposed by Mr. Wawire. He has filed a Notice of preliminary Objection on the grounds that the Plaintiff is not the Borrower. It has no stake to the transaction between the Bank and the Borrower.
5. The Court is satisfied that there is some urgency in this matter.
6. The Applicant has also come to Court on the verge of the auction. They have to bear some responsibility if the Court is to stop the Public Auction.
7. The Court is persuaded to grant the Applicant a temporary injunction. However, this is on condition that the Applicant settles the Auction Costs of the aborted auction of Kshs.6,086,992/- by making payment of the said sum to the Auctioneer or the Bank.
8. In the alternative, the Applicant may deposit the said amount in Court being a sum of kshs.6,086,942/- to be held as security as it enters into negotiation with the Auctioneer as to the costs. If no agreement is reached on the costs, the Auctioneer can file a Bill of Costs for assessment by the Court. Thereafter, the Auctioneer can be paid out of the funds deposited in Court. This payment is to be effected by 2,00 p,m, on 21/04/2026. The Applicant is to provide the Defendant with proof of payment or deposit of the funds in Court. If no payment is effected on the date and time provided herein, the injunction shall lapse and the sale will proceed.
9. The parties are to file written submissions to the Preliminary Objection dated 16/4/2016. The Respondent to file submissions within 2 days. The Mr. Abdaziz to file submissions within 3 days after being served.
10. The submissions be highlighted on 11/5/2026. Parties are to strictly comply with the timelines given.
DATED, SIGNED and DELIVERED at NAIROBI this 16th day of APRIL, 2026.
NJOROGE BENJAMIN. K
JUDGE
In the presence of: -
Mr. Abdiaziz for the Plaintiff/Applicant.
Mr. Wawire for the 1st and 2nd Defendant/Respondent.
Court Assistant: Wabwire.
1. The Plaintiff/Applicant has come to Court seeking to stop the Public Auction scheduled for 22/4/2026. This is through the application dated 10/4/2026.
2. It states that it entered into a joint venture agreement with the Borrower. It has taken possession of the property and repaid part of the loan. That if the sale goes on, the property will be sold. It will suffer loss of the investment in terms of the construction and monies expended on the project.
3. The Applicant seeks a temporary injunction pending the hearing of the application dated 10/4/2026.
4. This is opposed by Mr. Wawire. He has filed a Notice of preliminary Objection on the grounds that the Plaintiff is not the Borrower. It has no stake to the transaction between the Bank and the Borrower.
5. The Court is satisfied that there is some urgency in this matter.
6. The Applicant has also come to Court on the verge of the auction. They have to bear some responsibility if the Court is to stop the Public Auction.
7. The Court is persuaded to grant the Applicant a temporary injunction. However, this is on condition that the Applicant settles the Auction Costs of the aborted auction of Kshs.6,086,992/- by making payment of the said sum to the Auctioneer or the Bank.
8. In the alternative, the Applicant may deposit the said amount in Court being a sum of kshs.6,086,942/- to be held as security as it enters into negotiation with the Auctioneer as to the costs. If no agreement is reached on the costs, the Auctioneer can file a Bill of Costs for assessment by the Court. Thereafter, the Auctioneer can be paid out of the funds deposited in Court. This payment is to be effected by 2,00 p,m, on 21/04/2026. The Applicant is to provide the Defendant with proof of payment or deposit of the funds in Court. If no payment is effected on the date and time provided herein, the injunction shall lapse and the sale will proceed.
9. The parties are to file written submissions to the Preliminary Objection dated 16/4/2016. The Respondent to file submissions within 2 days. The Mr. Abdaziz to file submissions within 3 days after being served.
10. The submissions be highlighted on 11/5/2026. Parties are to strictly comply with the timelines given.
DATED, SIGNED and DELIVERED at NAIROBI this 16th day of APRIL, 2026.
NJOROGE BENJAMIN. K
JUDGE
In the presence of: -
Mr. Abdiaziz for the Plaintiff/Applicant.
Mr. Wawire for the 1st and 2nd Defendant/Respondent.
Court Assistant: Wabwire.