RULING OF THE COURT
This is an application under rule 5 (2)(b) of the Court of Appeal Rules in which Carlos Santos Lozano, the applicant (hereinafter called "the plaintiff") seeks an interlocutory injunction restraining Ndamper Enterprises (the first defendant) , Housing Finance Company of Kenya Limited (the second defendant), Domiziano Kaburu Njeru (the third defendant ) and Harun Wakanene Mbuthia (the fourth defendant) jointly and severally their servants and agents from transferring, alienating, charging, disposing of or in any other way dealing with two parcels of land, namely, Plot L.R. No. 1160/290 and Plot L.R. No.13080 Karen, Nairobi, pending the hearing and final determination of an intended appeal.
The third defendant bought property L.R. No. 13080 Karen on 9th December, 1993 at a public auction conducted by the first defendant on behalf of the second defendant who was selling the property in exercise of its statutory power of sale. Similarly, the fourth defendant bought prope…