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JudgmentPETER GATHII REUBEN AND JOSPHINE WOTHAYAGATHII VS THE CO-OPERATIVE BANK OF KENYA LTD2 min read

PETER GATHII REUBEN AND JOSPHINE WOTHAYAGATHII VS THE CO-OPERATIVE BANK OF KENYA LTD

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

1. The Plaintiff has presented an application for an injunction. It is by way of a Notice of Motion dated 2.6.2026.
2. This matter came up for mention on 10.6.2026 for Counsel to address the Court on the urgency.
3. In response to the Court’s orders for service, the Defendant has appeared through Counsel Mr. Kimani. He has only filed a Memorandum of Appearance. He seeks for time to file a response. A period of 7 days has seen stated.
4. Mr. Wambugu submits that the Auction is scheduled for 7.7.2026 as per the Letter from the Auctioneer. The property has not been advertised yet. He seeks an injunction to forestall this.
5. Mr. Kimani notified the Court from the bar that the arrears are in the region of Kshs.25,000,000/=. The amount outstanding is about 105,000,000/=.
6. This Court is proceeding on leave on 15.6.2026 to 3.7.2026. It may not be able to hear the matter in the meantime.
7. The Court is inclined to grant an interim injunction to preserve the status quo but on conditions.

Determination
8. The Notice of Motion dated 2.6.2026 is HEREBY Certified as Urgent.
9. The Court proceeds to grant prayer (2) of the application. This is on condition that the Plaintiff pays directly to the bank a sum of Ksh.500,000/= within the next Forty-Five (45) days from the date hereof. In default of payment within the stipulated time, the ex-parte injunction granted herein shall lapse and the Defendant may proceed to advertise the property for sale.
10. Directions as to the hearing of the application are given as follows;
a) The Defendant to file a response within 7 days as requested.
b) The Plaintiff to file a Supplementary Affidavit (if any) and submissions within the next 10 days of service.
(c) The Defendant to file the Written Submissions within 10 days thereafter.
11. The application shall be heard by way of oral highlighting of the submissions on 20.7.2026. Parties to comply with the timelines strictly.

DATED, SIGNED AND DELIVERED AT MILIMANI THIS 10TH DAY OF JUNE, 2026.
NJOROGE BENJAMIN K.
JUDGE

Details

Delivered
Court rank
High Court

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