JUDGMENT OF THE COURT
This is an interlocutory appeal. The appellant is the Official Receiver and Liquidator of the Kenya National Assurance Company Limited, which company was with leave of the court made the defendant in a civil suit which was commenced in the High Court by plaint, by John Gitiche Mbao (the Respondent). In that suit, to wit Nairobi High Court Civil Case No. 1211 of 1999, the respondent claimed a mandatory injunction to put him back into possession of a parcel of land known as L.R. Number,8420/2, Kasarani Nairobi,(the property) which was and is still registered in the name of Kenya National Assurance Company Limited (the company), in liquidation.The respondent has averred in his plaint that the company gave him possession of the property on specific terms none of which he had breached before he was evicted on the instructions of the appellant as liquidator of the company. He further averred that there existed a contractual relationship between him and the company which…