Mwangi & another v Stanbic Bank (K) Ltd & another [2025] KEHC 4604 (KLR)

Mwangi & another v Stanbic Bank (K) Ltd & another (Commercial Case E231 of 2025) [2025] KEHC 4604 (KLR) (Commercial and Tax) (3 April 2025) (Ruling)

Neutral citation: [2025] KEHC 4604 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Commercial Courts)

Commercial and Tax

Commercial Case E231 of 2025

BK Njoroge, J

April 3, 2025

Between

Duncan Githiga Mwangi

1st Plaintiff

Kiwi Timber & Metal Works Ltd

2nd Plaintiff

and

Stanbic Bank (K) Ltd

1st Defendant

Joseph M. Gikonyo t/a Garam Investments Auctioneers

2nd Defendant

Ruling

1. Let the Respondent file their Replying Affidavit by close of business today. The Plaintiff is to file a Supplementary Affidavit and submissions within seven ( 7) days. The Respondent is to file submissions within seven ( 7) days.

2. The matter is listed for highlighting of submissions after the Easter vacation on 13th May, 2025. In the meantime, the Court notes that there is a scheduled auction on 8th April, 2025. It is only fair that the Court hears the parties. If the sale proceeds the purpose of the application may be lost.

3. The Plaintiff is to bear the Auctioneer’s costs for the auction that has been stopped to be paid within the next 10 days. In default, the temporary injunction granted will be lifted and the bank may proceed to hold another auction.

4. Highlighting on 13th May, 2025.

DATED, SIGNED AND DELIVERED AT NAIROBI THIS 03RD DAY OF APRIL, 2025NJOROGE BENJAMIN KJUDGEIn the presence of;Mr. Gatheru for the PlaintiffsMiss Kariuki for the DefendantsMr. Luyai – Court Assistant