JUDGMENT OF THE COURT
[1] This appeal arises from a ruling in a notice of motion that was lodged in the High Court by Thomas Maingi (the respondent), who was seeking orders of injunction under Section 63(e) of the Civil Procedure Rules and Order XXXIX Rule 2 of the former edition of the Civil Procedure Rules. The respondent sought to have the sale by auction of his motor vehicle a Mitsubishi Lorry, set aside and a temporary injunction granted restraining Adiel Muriithi Philip (the appellant), his advocates and or any other person, from transferring or obtaining transfer of the motor vehicle.
[2] The sale of the motor vehicle was in purported execution of a decree in a suit that had been filed by the appellant against the respondent. Judgment was delivered by Kasanga Mulwa, J., in favour of the respondent for the sum of Kshs.2,495,425/= together with costs and interest thereon. Subsequently, the parties filed a consent letter in which it was agreed that in lieu of the judgment of Kasanga…