JUDGMENT OF THE COURT
This appeal is from the decision of the superior court (Mbito, J.) delivered on November 8, 1999 in H.C.C.C. NO. 37 of 1998 in which the learned judge granted a temporary injunction to restrain the defendant ("the appellant), servants and/or agents from selling or disposing of L.R. NO. BUNGOMA/TONGAREN/206 pending hearing and determination of the suit. The appellant had advertised that property for sale under its statutory power of sale.
It had been alleged that the appellant was in breach of an agreement it had entered with the respondents under which KShs.750,000/= was advanced to them on January 13, 1991 repayable with interest at the rates of between 16% and 19% per annum. The appellant is said to have charged exorbitant rates of interest which in 1996 reached 47.5% per annum. The respondents alleged that they had repaid the principal sum in full and admitted that they owed the element of interest, according to them being Kshs.678,000/=. The appellant is allege…