RULING OF THE COURT
The applicants seek an order of injunction under Rule 5 (2) (b) of the Court of Appeal Rules to restrain the respondent from disposing of, selling or transferring apartment No. B4 on Block 5 on LR No. 18591/9 pending the determination of the intended appeal.
On 4th May 2010 the respondent who was constructing apartments in a housing estate agreed to sell one of them, the suit property, to applicants at a price of Shs. 5,500,000. By the agreement the respondent acknowledged receipt of Shs. 910,000 and it was agreed that the balance of Shs. 4,590,000 should be paid 14 days after the registration of lease in favour of the applicants. Special condition A provides:-
“Completion documents
As soon as is possible after signing the Agreement for sale, and upon receipt of the purchaser’s advocates professional undertaking for payment of the balance of purchase price, and provided the purchaser has made payments of the fees and costs as per the schedule in the special conditions …