Sunbake Enterprises Ltd & 1 other v Kenya Development Corp Ltd & 1 other

Sunbake Enterprises Ltd & another v Kenya Development Corp Ltd & another (Commercial Case E003 of 2024) [2024] KEHC 7905 (KLR) (3 July 2024) (Ruling) Neutral citation: [2024] KEHC 7905 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KISUMU COMMERCIAL CASE E003 OF 2024 MS SHARIFF, J JULY 3, 2024 BETWEEN SUNBAKE ENTERPRISES LTD ......................................................... 1ST PLAINTIFF JETRAB INVESTMENT LTD ............................................................ 2ND PLAINTIFF AND KENYA DEVELOPMENT CORP LTD ....................................... 1ST RESPONDENT STARTRUCK AUCTIONEERS ................................................... 2ND RESPONDENT RULING 1. I have considered the Plaintiffs/Applicants notice of motion dated 1st July 2024 and the supporting affidavit of Anup Jethwa sworn on even date. 2. I note from annexure AJ-8 that the 1st Plaintiff was issued with a redemption notice by Messrs Startruck auctioneers on 7th May 2024 wherefore there was ample time to move the court on an earlier date wherefore I am unable to certify this application as urgent. 3. The above finding notwithstanding and appreciating that the Plaintiffs’ property has been advertised for auction on 10th July 2024 I am inclined to grant prayer No. 2 and I thus make the following orders:1. This application is not certified as urgent. 2. An order of temporary injunction is hereby issued restraining the Respondents/Defendants, their servants, and/or agents jointly and severally from advertising for sale, auctioning, selling, transferring, disposing, dealing and/or interfering whatsoever with the 2nd Applicant’s land parcel No. Kisumu/Municipality Block 3/61 for a period of 8 days from the date hereof. 3. The applicants are directed to serve the application within 2 days from the date hereof. https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/7905/eng@2024-07-03 1

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