NDK FINANCIAL SERVICES LTD VS LEMET CONSTRUCTION LIMITED & ORS

This ruling is in respect of a Motion on Notice for An Order of Preservation of Account Pursuant to Order 25 R 2 of CI 47 with a 14-paragraph Affidavit in support dated 22/03/23.

I have reviewed the application with the supporting affidavit together with the Affidavit in Opposition dated 01/03/2023 and all the annexures thereto. I have also considered the submission of both counsel for the parties. I have also given considered the case law, authorities and the rules of procedure governing the instant application.

It is my considered opinion that on the face of the affidavits there is the need to preserve the status quo in respect of the proceeds of the Auction sale paid into court on 6th February 2023 until the final determination of the pending interpleader action.

In view of the aforementioned, the application is granted.

(SGD.)

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JUSTICE ADELAIDE ABUI KEDDEY

JUSTICE OF THE HIGH COURT

COMMERCIAL DIVISION