JUDGMENT OF THE COURT
[1] Nyanza Fish Processors Limited which is the appellant in this appeal has come to this court challenging the ruling made by the High Court of Kenya (Kimaru J) dismissing its interlocutory application dated 21st January 2005. The appeal originates from a suit initiated by the appellant in the High Court through a plaint dated 21st January 2005. In the plaint the appellant sued Barclays Bank of Kenya Limited (herein the respondent), seeking inter alia declaration that the charge dated 15th June 1995 over Kisumu Municipality/Block 3/123 (hereinafter ‘the property’) executed by the appellant in favour of the respondent is not valid; and a permanent injunction restraining the respondent by itself, its servant and or agents from selling, alienating or disposing off the property. Filed contemporaneously with the plaint in the High Court, was an application under certificate of urgency in in which the appellant’s substantive prayer was for an interlocutory order of inj…