JUDGMENT OF THE COURT
By a plaint dated and filed in the superior court on 6th January, 2004, the appellant (plaintiff in the superior court) claimed that it was the lawful owner of land known as Eldoret Municipality Block 12/424 (the suit land), and sought cancellation of title deed issued to the 1st respondent in respect of the suit land, and a “permanent order of injunction” against both the 1st and 2nd respondents restraining them from disposing and/or building on the same.
Contemporaneously with the filing of the plaint, the appellant filed an application by way of chamber summons seeking the following two orders:
“(b) Pending the determination of this application and thereafter the main suit the 1st defendant his agents or servants be and is hereby restrained by means of a permanent injunction from carrying out any construction work, transferring, charging, selling or in any other way dealing with land parcel number Eldoret Municipality Block 12/461.
(c) Pending the determination of…