Rapid P. Kenya Limited v Nitunze Savings and Credit Co-operative Society LIMITED(In Liquidation) & 3 others

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KAKAMEGA MISCELLANEOUS APPLICATION NO. 38 OF 2019 RAPID P. KENYA LIMITED.................................................................APPLICANT VERSUS NITUNZE SAVINGS AND CREDIT CO-OPERATIVE SOCIETY LIMITED(In Liquidation).........1ST RESPONDENT OFFICIAL LIQUIDATOR NITUNZE SACCO LIMITED)....2ND RESPONDENT COMMISSIONER OF CO-OPERATIVE SOCIETIES...........3 RD RESPONDENT VALLEY AUCTIONEERS..........................................................4 TH RESPONDENT RULING 1. The Motion dated 27th March 2019, seeks two principal orders: temporary injunction to restrain the respondents from utilizing the proceeds from the public auction where in LR. No. 8056/322 was sold; that the applicant be declared a recognized creditor of the 1 st respondent and be involved in the liquidation process in including sale of LR. No. 8056/322. The applicant has a judgment in its favour, which it seeks to enforce as against the respondents. 2. I have read through through the repylying affidavit by th liquidator, and looked up the relevant law, and I have not seen anything that would justify not granting the orders sought in the applictaion dated 13 th March 2019. 3. Consequently, I do hereby allow the Motion dated 15 th March 2019, in terms of prayers 4 and 5 of the said Motion. Costs shall be in the cause.. DELIVERED DATED AND SIGNED IN OPEN COURT AT KAKAMEGA THIS 29TH DAY OF OCTOBER 2021 W MUSYOKA JUDGE