JUDGMENT OF THE COURT
The appellant filed High Court Civil Case No. 403 of 2009 against all the three respondents herein. On the other hand, the 1st respondent filed High Court Civil Case No. 393 of 2009 against the appellant. The subject matter in the two suits relate to a dispute over Land Parcel No. 14675 in Kiambu.
By two separate applications before the trial court, the appellant and respondent in their respective suits sought injunctive orders restraining each other from dealing or developing the disputed parcel of land. The 1 st respondent also sought vacant possession of the suit property. The two applications were heard together and the learned judge made the following order the subject of this appeal :
“In respect of the Preliminary Objection raised against the application filed in HCCC No. 403 of 2009, I agree with counsel for the 1st defendant that this court is barred by the provisions of Section 6 of the Civil Procedure Act from proceeding with this latter suit because the …