RULING OF THE COURT
1. Before us is a notice of motion filed under Rule 5 (2) (b) of the Court of Appeal Rules (the Rules) wherein the applicants’ seek inter alia:-
(i) A temporary injunction restraining the 3rd respondent by itself, agents, servants, employees or otherwise howsoever from advertising for sale, selling, alienating or in any other manner interfering with all properties known as Nyandarua/ Gilgil West/394, 395 and 396, Nyahururu Municipality Blocks 6/344, 5/345 and 4/7 (suit properties) pending the hearing and determination of the intended appeal.
2. The gravamen of the application is that the 1st applicant has been carrying out the business of distributing the 1st and 2nd respondents’ brands of alcoholic and non-alcoholic beverages within designated areas since the year 1986. The said relationship was governed by distribution agreements extended from time to time. Pursuant to distribution agreements dated 1st October, 2009 the 1st applicant obtained a bank guarantee dated…