DANIEL KAMITA GICHUHI & ANOR
V.
CONSOLIDATED BANK OF KENYA LTD

RULING OF THE COURT

This is an application under rule 5 (2) (b) of the Court of Appeal Rules by Daniel Kamiti Gichuhi and Josephine Kabura Gichuhi (“the Applicants”) by Notice of Motion dated 3^rd July, 2007 and lodged on 9^th July, 2007 seeking Orders:-

“1. That an urgent injunction do issue forthwith restraining the respondent, its agents, servants and/or employees from selling by Public Auction and/or otherwise, the applicants’ suit premises known as L.R. No. 7660/114 (I.R. No. 38645) Tigoni, Kiambu while pending the hearing and determination of the applicants’ intended appeal by this Honourable Court.

2. That the costs of this application be provided for.

3. That such other and/or further relief be granted as this Honourable Court might deem fit and just to grant in the circumstances of this matter.”

The numerous grounds for the application were stated to be:-

i) The applicants’ injunction application dated 8^th September 2006, seeking to restrain the respondent from selling the applicants…