JUDGMENT OF THE COURT
The respondents filed a Plaint dated 10th June 2014 at the Environment and Land Court claiming that the 1st respondent had fraudulently transferred parcel number KISUMU/EAST SIDHO/1844 (suit property) to himself. The ownership of the said parcel had accrued to the respondents by transmission pursuant to the death of the late Ludia Sigu Nyalianga. Not only did the 1st respondent allegedly fraudulently transfer the suit property to himself she disposed of her fraudulent interest to the 2nd appellant to the detriment of the appellants. The appellants therefore craved the court’s protection by seeking among others, a cancellation order and a permanent injunction.
Simultaneously, the respondents filed a Notice of Motion of even date under certificate of urgency which sought for an interim injunction. The respondents got a reprieve through an order dated 23rd June 2014 which granted them the interim injunction they had sought restraining the 2nd appellant by himself, his…