RULING OF THE COURT
By a Motion on Notice dated 12th February 2015 and taken out under rule 5(2)(b) of the Court of Appeal Rules, the applicant, Dr. Joseph N. K. Arap Ng’ok seeks an injunction to restrain the respondent, the EABS Bank Ltd, from selling Plot No. Nairobi/Block 97/1482
“A”&“B”, Fedha Estate, Nairobi (“the suit property”)pending the hearing and determination of an intended appeal from the ruling of Ochieng, J. dated 1st December 2014. By that ruling the High Court dismissed as unmeritorious, the applicant’s application for reinstatement of HCCC No 297 of 2008, which had been dismissed for want of prosecution in the absence of the applicant and or his advocate.
The background to the application is as follows. In or about 1993, the applicant and Livingstone King’etich Rono (who did not take part in the proceedings before this Court or the High Court) borrowed Kshs 2,340,000/= from the respondent. Repayment of the loan was secured by a charge over the suit property. In the full…