RULING OF THE COURT
The dispute giving rise to this application which is expressed to be brought under rule 5(2) of the Rules of this Court arose, briefly, in this way. John Muritu Kigwe, the applicant herein, in or about August, 2002 offered his property L.R. No. 10823/54 (hereinafter referred to as “the suit property”), measuring approximately 103 acres or thereabouts situate in Juja Township of Thika District as security for advances and other financial facilities to be made by the EABS Bank Limited, the 1st respondent herein, to Kelly Petroleum Limited and he did execute a charge in favour of the 1st respondent. It is common ground that soon thereafter a disagreement arose between the parties which disagreement resulted in the applicant filing several suits seeking a variety of orders.
By a plaint dated 11th November, 2008 the applicant averred that sometime in the latter part of 2007 he did come to learn that the 1st respondent had sold the suit property to the 2nd respondent Canpa…