JUDGMENT OF THE COURT
[1] The proceedings leading to the motion now before us commenced in the High Court at Milimani ELC through a plaint filed on 25th March 2013. Suresh Kumar Sofat and Sadina Sofat who are now the 1st and 2nd respondents in the appeal, and the 1st and 2nd applicants in the motion before us filed the plaint. They sought inter alia a permanent injunction restraining Trustees of the Kenya Assemblies of God (who is now the appellant and the respondent in the motion), and Nairobi City Council (now the 3rd respondent in both the appeal and the motion ), from trespassing, transferring, developing or in any way interfering with the 1st and 2nd applicant’s peaceful possession of property known as LR No. 209/11251, and an order directing the appellant to yield vacant possession of that property to the 1st and 2nd applicants. Filed contemporaneously with the plaint was a notice of motion in which the 1st and 2nd applicants sought interlocutory orders pending the inter parte he…