On 22.09.2022 I dealt with the Plaintiff’s application dated 12.09.2022 for injunction seeking to restrain the 1st Defendant ("the Bank") for exercising its statutory power of sale. I stayed the auction scheduled for that day on condition that the Plaintiff pay to the 1st Defendant KES. 25,000,000.00 by the close of business on 27.09.2022 in default the injunction would stand discharged and the application dismissed.
The matter comes up today, 30.09.2022 to confirm compliance. The Plaintiff has not complied and through its advocates seeks time comply with the order by paying the amount in installments in a joint account pending the hearing of the application.
The reason I imposed the condition for the the injunction was that I took the position that I had dismissed a similar application for injunction and also in view of the multiplicity of applications and suits the Plaintiff had filed over the same matter.
The Plaintiff has not filed a formal application for extension of time to enable the court and respondent engage with the facts of the case.
The discharge and dismissal order has already taken effect and all I can do is to re-affirm that the application dated 12.098.2022 is dismissed and the interim injunction discharged. Costs of the application to the Defendants.
DATED and DELIVERED at NAIROBI this 30th day of SEPTEMBER 2022
D. S. MAJANJA
JUDGE