RULING OF THE COURT
By way of a Notice of Motion lodged on 3rd November 2016, the applicant, Mary Atieno Nyamogo, sought an order of injunction restraining and/or prohibiting the respondent either by itself, agents, servants, assigns and any other person acting on its behalf from selling, alienating, transferring in any manner the applicant’s property, otherwise known as Title Number Kisumu/Nyalenda B/1069 (the suit property) pending the hearing of an intended appeal to this Court.
The application was premised on grounds that, sometime in 2005, the respondent advanced the applicant a sum of Kshs. 2.5 million, and the applicant executed a charge over the suit property as security for the facility in favour of the respondent; that it was contended that she repaid the loan on 17th July, 2010, following which, the loan account reflected a nil balance. Later, the applicant was informed by the respondent that she had an outstanding balance of Kshs. 276,754.45 as at March, 2010. She paid a fur…