JUDGMENT OF THE COURT
Before the Environment and Land Court, Nairobi was a motion on notice by the appellant dated 14th January 2013, which sought orders to restrain the respondents respectively from disposing of all that property known as Land Reference No. 189/5 situate at Nyayo Estate, Embakasi “the suit premises” pending the hearing of the application inter partes and or the main suit. He further prayed that the 1st and 2nd respondents be ordered to pay in court the rental income accruing from the suit premises pending the hearing and determination of the main suit.
The gravemen of the appellant’s suit and hence the application was that on 30th November, 2010, the 1st respondent who is his brother in law offered to sell to him the suit premises at a consideration of Kshs.4,000,000/-. By the time the title documents were in possession of the 3rd respondent courtesy of the tenant-purchase scheme that it managed and administered. It was an express term of the agreement that the 1st res…