1. I have perused and considered the Notice of Motion dated 12th May 2025, the Supporting Affidavit of Mr George Njoroge Wanjiku sworn on 12th May 2025 and the annexures attached thereto.
2. Although the auction sale was advertised, as evidenced by the attached newspaper cutting, the court is unable to tell the date of the said advertisement. By coming to court late, when there would be no time for the Court to order service on the Defendants/Respondents with a view to having the merits of the application considered interpartes, the Plaintiff/Applicant appears to me to have acted cynically, to force the hand of the Court. The suit is premised on alleged collusion between the 1st Defendant/Respondent, with whom the Plaintiff/Applicant has no contractual relationship, and the 3rd Defendant/Respondent.
3. In the circumstances, I decline to exercise my discretion. I order that the application be served on the Respondents within three working days for hearing interpartes on 27th May 2025.