RULING OF THE COURT
1. On various dates between January 2005 and March 2006, the applicants entered into different agreements for sale of plots of land with the 1st respondent. According to the terms of the agreement, the respondent was supposed to sub divide the plots and transfer them to the applicants. However, the applicants contend that the 1st respondent failed to observe the terms of the agreement and in the month of August 2011, the 1st respondent purported to sell the same plots to the 2nd respondent who moved to take possession of the plots that were originally to be sold to the applicants.
2. The 1st respondent also purported to refund the purchase price terming it as “liquidated damages for breach of contract”. The applicants filed a suit – Nakuru HCCC No. 250 of 2011, and also an application seeking temporary orders of injunction to restrain the respondents from transferring, selling or occupying Plot Numbers 2, 3, 7, 10, 11, 14, 8, 9, 12 and 13 all comprising Nakuru Munici…