JUDGMENT OF THE COURT
By this appeal the appellant, the City Council of Nairobi (now defunct) seeks to overturn the decision of the High Court (Mbogholi Msagha, J.) made on 18th February, 2010 granting an interim injunction restraining the sale of the respondent’s property known as LR 330/357 situate along Gitanga Road, Nairobi, over alleged arrears of rates. The order was made pursuant to an application filed simultaneously with a suit that challenged the threatened sale complained of as improper and illegal for various grounds which appeared on the face of the application as including;
“2. The defendant’s statutory power of sale under the Rating Act over the suit property LR No.330/357 has not arisen.
3.The purported intention to sell the suit property has no legal basis as the defendant has not complied with the mandatory provisions of the Rating Act.
4.The purported intention to sell the suit property is not proper as no valid notices in law have been issued and cannot therefore entit…