I have read the applicant's application dated 27 March 2025 filed under a certificate of urgency of even date. The application is certified urgent. However, in view of this Honourable Court's impending Easter recess, the application shall be heard inter partes on 14 May 2025. The applicant is therefore directed to serve the application forthwith and, in any event, not later than 3 days from the date of this order. The respondents shall file and serve their response within 7 days of the date of service of the applicant's application.
The applicant's submissions to be filed and served within 7 days of the date of service of the respondent's response, and the respondents' response is to be filed and served within 7 days of the date of service of the applicant's submissions.
In the meantime, interim orders are granted in terms of prayer 2 of the motion to the extent that an injunction is hereby issued to restrain the First Defendant whether by itself its servants, agents, advocates, assigns or nominees or otherwise howsoever from selling or disposing off whether by public auction or otherwise howsoever, any of or the whole or substantially the whole of the moveable and immoveable property of the Plaintiff and, in particular, the immovable properties known as Mainland North/ Section V/1077, 1078 and 1079, Subdivision Number 2027 (Original number 1948/3) Section V, Mainland North, Mazeras, Kilifi County, Subdivision Number 2028 (Original number 1948/2) Section V, Mainland North, Mazeras, Kilifi County, Mombasa Block XVII/29, Liwatoni Area, Mombasa County and Tile No. Kisumu Municipality/Block 6/58 pending the hearing and determination of this application inter partes.
Orders accordingly.