JUDGMENT OF THE COURT
Introduction
1. This interlocutory appeal has been before this Court for a period of nearly 12 years, not because of any complexity in its nature or inactivity of the Court, but largely because over the years the parties have sought its adjournment from time to time for the reason that they were engaged in discussions with a view to resolving it amicably.
2. When it was last before this Court on 23rd July, 2018 counsel sought to adjourn it for the umpteenth time but the Court rejected the application for adjournment. As a result counsel for the parties largely adopted their written submissions and made brief highlights of the same.
Background of the Appeal
3. On 15th September, 2006 the 1st to 4th respondents, being the ex- parte applicants and customers of the 5th respondent, filed an application in the High Court at Eldoret, seeking leave to apply for 16 orders of mandamus, 7 orders of certiorari and 9 orders of prohibition as against the appellants and the 8th, 9th…