MOSES MBUGUA MEHTA V. KENYA COMMERCIAL BANK LTD, FAIZA ABDALLAH SAID AL ARMY & WARDA A. SAID AL ARMY

RULING

The applicant defaulted in the repayment of a mortgage facility advanced to him by the 1^st respondent. Consequently, the 1^st respondent exercised its statutory power of sale and sold the suit property known as L.R No. MN/1/14414 (Originating Number 11179/8 Section 1 Mainland North) to the 2^nd and 3^rd respondent through a public auction. The sale took place on 20^th December, 2013.

On 7^th January, 2014, the applicant instituted an action together with an application for, inter alia, an injunction to restrain the 1^st respondent from transferring the suit property to a third party, taking possession or interfering with the suit property and; a declaration that the sale of the property was unlawful, illegal and to have the sale set aside.

In a ruling made on 13^th February, 2014 the trial court ordered the maintenance of status quo between the applicant and 1^st respondent pending the hearing and determination of the suit. By the time this ruling was delivered, the suit property had alre…