RULING
I do note that the debt is admitted save the amount owing. Mere dispute on amount per se cannot found a lawful cause to stop exercise of statutory power of bank. A debtor should also be keen to repay the loan as agreed.
However, purely in the interest of justice, I direct that the applicant pays quarter of the debt claimed plus auctioneer’s costs as a condition for rescheduling of the auction. Mention on 28.9.2026.
DATED and DELIVERED at Nairobi this 10th March, 2026.
F. GIKONYO
JUDGE
I do note that the debt is admitted save the amount owing. Mere dispute on amount per se cannot found a lawful cause to stop exercise of statutory power of bank. A debtor should also be keen to repay the loan as agreed.
However, purely in the interest of justice, I direct that the applicant pays quarter of the debt claimed plus auctioneer’s costs as a condition for rescheduling of the auction. Mention on 28.9.2026.
DATED and DELIVERED at Nairobi this 10th March, 2026.
F. GIKONYO
JUDGE