ZEPHANIA JUMA AJOWI v CO-OPERATIVE BANK OF KENYA LTD [2011] KEHC 3202 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT KISUMU

CIVIL CASE NO. 117 OF 2010

ZEPHANIA JUMA AJOWI ……………………………………….… PLAINTIFF

-VERSUS-

CO-OPERATIVE BANK OF KENYA LTD  …….…..........…… DEFENDANT

R U L I N G

The application is dated 19/7/2010. The subject was up for auction for default of payment of sums due and owing to the defendant. The plaintiff/applicant guaranteed Winam Petroleum Products Limited and charged his Property L. R. No. KISUMU/KANYAKWAR ‘A’/113. He complains inter alia that no statutory notice was issued. The defence counsel concedes to this fact.

Having considered the application and submissions before court and concession by the defence counsel, I hereby grant prayer 3 of the chamber summons to the extent that the respondent, its servants and or agents are restrained from selling, disposing of or auctioning property number L. R. No. KISUMU/KANYAKWAR‘A’/113based on the advertisement of 5th & 20th July, 2010. The defendant however be at liberty to issue a fresh statutory notice in the event the loan remains unserviced. Costs in the cause.

DATED AND DELIVERED THIS 6TH APRIL, 2011.

ALI-ARONI

JUDGE

In the presence of:

Mr. Jamsumba Advocate h/b for Mr. Mwamu

Advocatefor plaintiff

Mr. Odhiambo Owiti present for defendant