JOSEPH KINOTI MARETE V. INDUSTRIAL & COMMERCIAL DEVELOPMENT CORPORATION, ROSE GAKII MUTUMA & SAMUEL MUGENDI T/A CLEAR REAL TRADERS

RULING OF THE COURT

By this application expressed to be brought under rule 5(2)(b) of the Rules of this Court, the applicant JOSEPH KINOTI MARETE prays for an order of injunction to be issued against the respondents, their agents, representatives or anybody claiming through them restraining them from evicting, alienating or whatsoever interfering with the applicant’s occupation, possession or utilization of the property known as Nkuene/Taita/512 until the intended appeal is heard and determined.

In or about October, 1996, the applicant borrowed Shs.1,500,000.00 from the 1^st respondent ICDC and charged his property land parcel No. Nkuene/Taita/512 as security. It is not in dispute and is admitted by the applicant that soon thereafter he was unable to service the loan and fell into grave arrears. The 1^st respondent in exercise of its Statutory Powers of Sale instructed the 3^rd respondent Samuel Mugendi t/a Clear Real Traders to sell the property by public auction.

It is apparent that the s…