RULING OF THE COURT
The facts giving rise to this application are similar to those in Civil Application No. Nai. 280 of 2010 – Yellow Horse Inn Ltd. v. Nduachi Company Ltd. and 2 Others. Both applications came up for hearing on the same day – 26th January, 2011. The lawyers in both applications were the same. That is why Mr. A.B. Shah (appearing with Mr. K. Mubea) for the applicant told us that he would adopt what he had said in the previous application being Civil Application No. Nai. 280 of 2010. Similarly, Mr. C.N. Njenga, Counsel for the 1st respondent adopted his submissions in the earlier application. Lastly, Mr. L. Mosoti, counsel for the 2nd and 3rd respondents supported M. Njenga’s stand in this application.
What is before us is an application under Rule 5(2)(b) of this Court’s Rules in which the applicant, BROOKSIDE STUDIOS LIMITED seeks the following orders:-
“2. THAT an urgent injunction do issue forthwith restraining the respondents by themselves, their agents, servants and/…