The Plaintiff moved the court by an application dated 4th July 2022 for injunction restraining the Defendant (“the Bank”) from selling LR Nairobi/Block 93/1488 by public auction scheduled for 8th July 2022. When the matter came up for directions I made an order that, “The sale scheduled for today, 8th August 2022 is suspended on condition the Plaintiff shall pay the Defendant KES. 30,000,000.00 by the close of business on 14th July 2022. In default the order of injunction shall stand discharged.”
The application is now fixed for inter parties hearing today, 15th July 2022. The Plaintiff has not complied with the conditional order which means the injunction is now discharged. This matter has been pending since 2020 and I do not see any good reason to grant interim relief or exercise equitable discretion in view of the non-compliance with condition given for stopping the sale. The court may grant an injunction as deems fit and in this case, the Plaintiff has been unable to comply with conditions imposed by the court. The application dated 4th July 2022 is therefore dismissed with costs.
Mention on 13.10.2022 for pre-trial and other directions before the Deputy Registrar.
DATED and DELIVERED at NAIROBI this 15th day of JULY 2022
D. S. MAJANJA
JUDGE