[2025] KEHC 4604 (KLR)

[2025] KEHC 4604 (KLR)

The court found that it would be unfair to allow the auction to proceed before the parties are heard on the application for injunction, as this could render the application nugatory and prejudice the plaintiffs. Accordingly, the court exercised its discretion to stop the auction scheduled for 8th April 2025, on...

Source-derived case information.

Citation
[2025] KEHC 4604 (KLR)
Parties
Plaintiff: Duncan Githiga Mwangi; Plaintiff: Kiwi Timber & Metal Works Ltd; Defendant: Stanbic Bank (K) Ltd; Defendant: Joseph M. Gikonyo t/a Garam Investments Auctioneers
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Case Number
Commercial Case E231 of 2025
Procedural Posture
Commercial Case / Interlocutory Ruling on Injunction and Directions
Outcome
Temporary injunction granted stopping the auction, conditional on payment of auctioneer's costs by plaintiffs.
Judges
BK Njoroge
Legal Topics
Injunctive Relief, Auction Sales, Bank Enforcement, Interlocutory Orders
Source Language
en
Commercial and Corporate Civil Procedure Injunctive Relief Auction Sales Bank Enforcement Interlocutory Orders

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Duncan Githiga Mwangi

Plaintiff

Kiwi Timber & Metal Works Ltd

Plaintiff

Stanbic Bank (K) Ltd

Defendant

Joseph M. Gikonyo t/a Garam Investments Auctioneers

Defendant

Procedural Posture

Commercial Case / Interlocutory Ruling on Injunction and Directions

Legal Issues

  1. 1 Whether the scheduled auction should be stopped pending hearing of the application.
  2. 2 Whether the plaintiffs are entitled to a temporary injunction to restrain the sale of the property.
  3. 3 Who should bear the costs of the aborted auction.

Ratio Decidendi

The court found that it would be unfair to allow the auction to proceed before the parties are heard on the application for injunction, as this could render the application nugatory and prejudice the plaintiffs. Accordingly, the court exercised its discretion to stop the auction scheduled for 8th April 2025, on condition that the plaintiffs pay the auctioneer's costs within 10 days. Failure to pay would result in the lifting of the temporary injunction and allow the bank to proceed with another auction. The court also issued directions for the filing of affidavits and submissions, and set a date for highlighting of submissions after the Easter vacation.

Court Disposition

Temporary injunction granted stopping the auction, conditional on payment of auctioneer's costs by plaintiffs.

Orders

  • Respondent to file Replying Affidavit by close of business today.
  • Plaintiff to file Supplementary Affidavit and submissions within seven days.