JUDGMENT OF THE COURT
By a plaint filed at the High Court of Kenya at Kisumu on 28th September, 2009 the two plaintiffs Kayam Chatur and Mahesh Patel sued the three defendants Barclays Bank of Kenya Limited, Joseph M. Gikonyo trading as Garam Investments Auctioneers and Yogesh Dewda in a suit whose cause of action was said to arise from the way a public auction over a property known as Kisumu Municipality /Block 3/123 was conducted. There were three main prayers sought – first, a declaration that the sale of the said property at a public auction conducted by the 2nd defendant on 25th September, 2009 to the third defendant was a nullity; second, an order of permanent injunction against the defendants to restrain them from dealing with the said property and particularly to stop transfer of the same to the 2nd defendant, and thirdly, a prayer for general damages. Kayam Chatur swore an affidavit to verify the contents of the Plaint and this was filed with the plaint. Contemporaneous with t…