IN THE HIGH COURT OF KENYA AT NAIROBI MILIMANI LAW COURTS COMMERCIAL AND TAX DIVISION CORAM: D. S. MAJANJA J. CIVIL CASE NO. 6 OF 2019 BETWEEN MANGUO DEVELOPMENT COMPANY LIMITED....................1 ST PLAINTIFF CHARLES KARANJA KAHAHU....................................................2 ND PLAINTIFF ANNE WAIRIMU WANYEKI...........................................................3 RD PLAINTIFF DAVID KABUBII KURIA..................................................................4 TH PLAINTIFF SHADRACK THUKU KURIA......................................................... 5 TH PLAINTIFF ELIZABETH WAMBUI KURIA..................................................... 6 TH PLAINTIFF PINNACLE PROJECTS LIMITED............................................... 7 TH PLAINTIFF WINLOUKE PROPERTIES LIMITED..........................................8 TH PLAINTIFF AND I & M BANK LIMITED.................................................................1 ST DEFENDANT WESTMINISTER COMMERCIAL AUCTIONEERS..............2ND DEFENDANT RULING 1. The question I have to decide today 27th February 2020 is whether to restrain the 1st defendant from selling the suit property pursuant to the exercise of its statutory power of sale. According to the plaint, four prayers are sought in relation to the suit property. Prayers (a) and (b) are in respect of a sale that was due in November 2018 and relates to a notification of sale dated 1 st November 2018 which has now been overtaken by events. The only viable order is that in prayer (c) seeking full accounts. 2. The Notices of Motion dated 19 th January 2019, 5th February 2020 and 8th February 2020 are all in respect of a new sale that is not the subject of the plaint hence there cannot be a prima facie case with a probability of success in respect of the sale scheduled tomorrow, 28 th February 2020. In the circumstances, the said applications are dismissed with costs. DATED and DELIVERED at NAIROBI this 27th day of FEBRUARY 2020. D. S. MAJANJA JUDGE
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Court Assistant: Mr M. Onyango.
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