'''I have considered the applicants'''' application for injunction dated 25 August 2025. I have also considered the reasons given for certification of the application as urgent in the certificate of urgency filed alongside the application. It is apparent from the applicants'''' own pleadings and affidavit in support of the application that the impugned statutory notice was issued way back in January 2024. The notification of sale was issued in April 2025. The applicants have indicated that some proposals were made to pay within a specific period what, in their view, is the outstanding loan. But there is no evidence that they have honoured their commitment or any part thereof. A combination of these factors leads me to the conclusion that there is no basis for certifying the application urgent, as to be heard during this Honourable Court''''s August recess. I direct that the application be served for directions on the manner of its disposal on 8 October 2025. In the meantime, the respondents are directed to file and serve their responses within 7 days of the date of this order. The applicants will file and serve their submissions within 7 days of the date of service of the respondents'''' response. The respondents'''' submissions shall be filed and served within 7 days of the date of service of the applicants'''' submissions. Orders accordingly. '' '
JudgmentSEAMLESS PROPERTIES LIMITED AND NYALI SUNNY SIDE APARTMENTS LIMITED VS MIDDLE EAST BANK KENYA LIMITED AND REGENT AUCTIONEERS1 min read
SEAMLESS PROPERTIES LIMITED AND NYALI SUNNY SIDE APARTMENTS LIMITED VS MIDDLE EAST BANK KENYA LIMITED AND REGENT AUCTIONEERS
High Court at Mombasa High Court · · Jairus Ngaah
Details
- Delivered
- Court rank
- High Court
- Division
- High Court Commercial and Tax
- Case type
- Commercial Matters
- Judge
- Jairus Ngaah
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