RULING OF THE COURT
By their notice of motion dated 20th April, 2009, the applicants herein, TRANSWESTERN CANE HARVESTERS LIMITED and NAIROBI GRAPES PLANTATION LIMITED seek an order under rule 5(2)(b) of the Rules of this Court in the following terms:-“1. THAT pending the lodging, hearing and determination of the applicant’s intended appeal, this Honourable Court be pleased to issue a temporary injunction restraining the respondent its agents or servants or otherwise howsoever from disposing of or alienating land parcel No. SUNA EAST/WASWETA 1/1372.
2. THAT the costs of this application be provided for.”
The application which was supported by the affidavit of SUNIT PARSHOTTAM PATEL, a director in both applicant companies was brought on the following grounds:-
“1. Unless the application which seeks an injunction is heard as a matter of urgency, the land forming the subject matter of the application will be sold by the time the substantive appeal is heard thereby rendering the Appeal nugat…