JUDGMENT OF THE COURT
The appellants are aggrieved by the ruling of the superior court (Rimita J) dated 23rd March, 2001 wherein the superior court allowed an application for interlocutory injunction made by the respondents herein and restrained the appellants from, inter alia, disposing of a tractor registration No. KAK 967T Fiat and in addition granted in effect a mandatory injunction enjoining the appellants to release the tractor to the respondent on condition that the respondent would not deal with it in any manner detrimental to the appellants pending the determination of the suit.
The respondent’s case as pleaded in the amended plaint was as follows: In or about August 1998, the respondent negotiated with CMC MOTORS GROUP LTD, the 1st appellant for the purchase of the tractor registration No. KAK 967T Fiat and the purchase price was agreed at Kshs.1,925,000/=. In the same month (i.e. August 1998), the respondent paid Kshs.1,310,070/= in cash and the remaining balance was paid by …