JUDGMENT
Margaret Njeri Muiruri, the appellant, as administrator of the estate of Joseph Muiruri, deceased, unsuccessfully applied to the superior court for an interlocutory injunction to restrain Bank of Baroda (Kenya) Limited, the respondent, by itself, its agents and assigns from selling property known as LR No 36/IV/14(20A) situated at Eastleigh, Nairobi, or dealing with the said property in any other manner. She was aggrieved and hence the present appeal.
In her suit in the superior court the appellant alleged that the respondent, as mortgagee of the above property, had taken steps to realize its security without giving the requisite statutory notice and notwithstanding the fact that she had undertaken to settle the mortgagor’s indebtedness to the respondent on certain proposed terms.
The principles to guide a trial court in determining whether or not to grant an interlocutory injunction are well known and are summarised in the often cited case of Giella v. Cassman Brown and Co Ltd …