RULING OF THE COURT
By his notice of motion dated 20th November, 2006 and lodged in this Court on 24th November, 2006 and which is brought pursuant to Rule 5 (2) (b) of the Court of Appeal Rules, David G. Katiba, the applicant herein, asks the Court for an order that:-
“Pending the hearing and determination of the appeal herein an order of injunction do issue to restrain the defendants whether by themselves or through their agents from selling or transferring the appellant’s property being LR NO. LOC 10 Wanjengi/121 being the property, the subject of the Appeal herein and the pending main case in the High Court being Milimani H.C.C.C. No. 295 of 2006.”
The “defendants” who are to be restrained from selling or transferring the applicant’s named land are “Kenya Commercial Bank Ltd. , the respondent to the applicant’s notice of motion. The superior court was asked for a similar order of injunction but by his Ruling dated and delivered on 13th October, 2006, Ochieng , J dismissed the applica…