JUDGMENT OF THE COURT
This is an appeal from the ruling of the High Court of (J.R.Karanja J,) that arose from the respondent’s Notice of Motion dated 28th January 2011, lodged simultaneously with a plaint of even date, seeking orders which in the main were that:
That the Honourable Court be pleased to appoint Mr. Esau Muneria Mengich of P.O Box 184 Eldoret as Receiver/Interim Manager of the affairs, business and property of the 3rd Defendant (3rd respondent) pending hearing and determination of the main suit upon the merits;
That the Honourable Court be pleased to commit the possession and custody of the affairs, business and property of the 3rd defendant (3rd respondent) herein to the said Receiver/Interim Manager pending the hearing and determination of the main suit herein upon the merits or until such other time as it may be ordered;
That the Court be pleased to confer upon the said Receiver/Interim Manager such powers as may be necessary to lawfully manage the affairs, business and p…