JUDGMENT OF BOSIRE. J.A.
On 4th May, 1998, the Superior Court (Hayanga, J.) granted aninterlocutory injunction to George Ongaya Okoth, the respondent inthis appeal in its Civil Case No. 1135 of 1997, restraining TrustBank Limited, the appellant in the appeal, from dealing with therespondent's two properties, namely L.R.No.1160/471 andL.R.No.1160/472, both situated in the Karen area of Nairobi. Theappellant was allegedly seeking to sell the properties in purportedexercise of a statutory right without giving the requisite threemonths statutory notice in terms of the provisions of section 69Aof the Transfer of Property Act. Besides, it was alleged that theappellant was demanding from the respondent money which accordingto the latter was not due from him at all.
This being an interlocutory appeal care must be exercised to obviate, as far as it is possible, trespassing on the jurisdictionof the trial court. The dispute between the parties has not beenresolved and their suit before the superi…