RULING OF THE COURT
By a Notice of Motion under a certificate of urgency dated 2nd July 2019, the applicant moved this Court under Rule 5(2) (b) of the Court of Appeal Rules seeking for an order of injunction directed at the respondents to restrain them whether by themselves, their servants and/or agents from selling, transferring and alienating the land parcel known as ELDORET MUNICIPALITY/BLOCK 9/912 pending the hearing and determination of her intended appeal. She also prayed for costs.
The background to the application is that the applicant is the sole proprietor of land parcel known as ELDORET MUNICIPALITY/BLOCK 9/912 “suit property”. She guaranteed a loan facility advanced to Lomson Enterprises Limited “Lomson” by the 1st respondent to the tune of Kshs. 18,000,000/= pursuant to an offer letter dated 7th November 2012 by the said respondent. The applicant’s personal guarantee was up to the tune of Kshs. 3,500,000/= and on that basis she charged the suit to the 1st respondent. Lomso…