REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
CIVIL SUIT NO.574 OF 2000
AT MOMBASA
AZAD BADRUDIN KARA ………………………………………………… PLAINTIFF
Versus
EQUITORIAL COMMERCIAL BANK LIMITED …………………… DEFENDANT
R U L I N G
I have heard both counsel on the issue of Temporary Injunction. I do not think it comes into consideration as yet. The sale will not be until 20-12-2000, but still there may be a requirement on the chargee to advertise. Mr. Mabea has convinced me that advertisement must precede the sale and ought to be by 3-12-2000. He therefore offers that the case be heard in 7 days. Mr. Asige still requires 10 days to respond to the affidavit in reply which has just been served on him to-day.
I think both sides have a stake in adjournment and I grant it. I also think that it would save the chargee more expense if he knows that he does not have to advertise to no purpose when he may not sell any way. I therefore grant injunction but ask that the hearing of this case can be fixed before vacation date to meet both sides requirement albeit halfway.