As the Bank has complied with the consent order by forwarding the discharge of charge, the application dated 25.04.2023 is marked as spent. The order for summons against the Defendant’s officers is now discharged.
Although the Interested Party opposes the application on the grounds that it fears that the suit property may be sold to its detriment if the title document is delivered to the Plaintiff's advocates, the court cannot make any other order in this matter as the suit is settled and its claim constitutes a separate cause of action. In any case, the documents have been delivered to the Plaintiff.
DATED and DELIVERED at NAIROBI this 16th day of MAY 2023
D. S. MAJANJA
JUDGE