JUDGMENT OF THE COURT
In a plaint dated and filed on the 1st day of February, 2013 the first respondent Eldo City Limited moved to the High Court of Kenya Nairobi, Commercial and Admiralty Division Milimani Law Courts, and filed Civil Suit No. 37 of 2013 against the appellant, Corn Products Kenya Limited, seeking various reliefs. The second respondent Equipment Agencies Limited was enjoined in the proceedings on the 18th day of February, 2013 following an oral intimation to the Court by the first respondent that it (2nd respondent) was a necessary party to the proceedings.
On the plaint the first respondent successfully anchored a Notice of Motion seeking a temporary order of injunction to issue restraining the appellant whether by itself or its servant or agents or otherwise howsoever from alienating , transferring, selling or disposing the suit assets to any other party other than the first respondent pending the hearing and determination of the application in the first instance; and …