1. I have the applicant's application dated 2 July 2025 filed under a certificate of urgency of even date. I am satisfied that the application is urgent, although having been served with the notification of sale as early as April 2025, the applicants ought to have moved the court much earlier, rather than rushing to court two days preceding the intended auction. I direct that the application be served and parties appear before me for directions on 8 July 2025.
2. In the meantime, and pending the hearing of this application or until such other further orders are made, a temporary injunction is hereby issued restraining the Respondents by themselves, their proxies, servants, agents or otherwise whomsoever from transferring, assigning, disposing of, dissipating, advertising for sale and/or alienating and/or disposing off, selling by public auction or completing any conveyance or transfer of any sale concluded by auction or private treaty or from in any other manner whatsoever or howsoever dealing, interfering with any known or unknown assets of the Applicants, including the Applicants' property known as Nightngale Apartments which is erected on L.R Number Mainland North /SEC 1/2221 in Mombasa County registered in the names of Peter Geoffrey Sell and Catherine Njoki Mwangi, the Applicants herein and all developments thereon.
3. The temporary injunction in order (2) above is granted on condition that the applicants will, within 30 days from the date of this order, deposit in court One Million Kenya Shillings (Kshs.. 1,000,000/=) a security for costs and auctioneers' charges.
Orders accordingly.
2. In the meantime, and pending the hearing of this application or until such other further orders are made, a temporary injunction is hereby issued restraining the Respondents by themselves, their proxies, servants, agents or otherwise whomsoever from transferring, assigning, disposing of, dissipating, advertising for sale and/or alienating and/or disposing off, selling by public auction or completing any conveyance or transfer of any sale concluded by auction or private treaty or from in any other manner whatsoever or howsoever dealing, interfering with any known or unknown assets of the Applicants, including the Applicants' property known as Nightngale Apartments which is erected on L.R Number Mainland North /SEC 1/2221 in Mombasa County registered in the names of Peter Geoffrey Sell and Catherine Njoki Mwangi, the Applicants herein and all developments thereon.
3. The temporary injunction in order (2) above is granted on condition that the applicants will, within 30 days from the date of this order, deposit in court One Million Kenya Shillings (Kshs.. 1,000,000/=) a security for costs and auctioneers' charges.
Orders accordingly.