PETER NGANGA MUIRURI
V.
CO-OPERATIVE BANK OF KENYA LTD & 2 OTHERS

RULING OF THE COURT

Before us is an application that arises from the judgment and decree, of B.N. Kamau, J, made on 31^st July 2013. In the application, the applicant seeks an injunction pending the hearing and determination of the intended appeal from the judgment and decree of the High Court.

Briefly, the facts, as they relate to this application, are that the applicant created two charges, dated 6th October 1994 and 5th January 1995 over title No. Nyandarua/Nandarasi/332 and Land Reference No. 12959/3 Nairobi respectively (“the charged properties”) to secure a sum of Kshs.1,700,000/= advanced to Intertwin Company Limited by Co-operative Finance Limited (“the Chargee”). Arising from the applicant’s failure to repay the loan amount, on 3^rd May 2008, the 1^st respondent sought to serve a statutory notice on the applicant, through the 2^nd and 3^rd respondents for the sale of the charged properties by public auction on 6^th May, 2008 and 29^th May 2008 to recover a sum of Kshs. 31,297,900. Acc…