RULING OF THE COURT
1. The applicant herein charged L.R. No. 2/653 (suit premises) as security for a loan advanced by the 1st respondent to Kanconsult Ltd. Following default in repayment of the loan, the 1st respondent exercised its statutory power of sale and sold the suit premises to the 2nd respondent. Consequently, the applicant filed suit in the High Court being H.C.C.C No. 719 of 2003 challenging the sale and seeking inter alia a declaration that the sale was illegal, null and void. The trial court by its judgment dated 27th February, 2013 dismissed the suit thereby instigating Civil Appeal No. 719 of 2003 which is still pending before this Court.
2. Subsequently, the applicant by a Motion under Rule 5 (2) (b) of the Court of Appeal Rules (the Rules) sought three substantive prayers. The first was an order restraining the 2nd respondent from selling, mortgaging, leasing or dealing with the suit premises pending the hearing and determination of the appeal. The second was an order o…