WESTLANDS RESUDENTIAL RESORT LIMITED
V.
KAWAKANJA LIMITED & 2 OTHERS

JUDGMENT OF THE COURT

This appeal arises from an order given on 29^th March 2011 by the High Court of Kenya at Nairobi (the Honourable Mr. Justice A. O. Muchelule) striking out the appellant’s application seeking temporary orders to restrain the respondents from dealing or interfering with the property L.R. No. 11540/3 (hereafter referred to as the suit property) pending the hearing and determination of the suit in the High Court. By the same order, the High Court struck out the appellant’s suit with costs.

Background

On 27^th October 2010, the appellant commenced suit in the High Court, being High Court Civil Case No. ELC 512 of 2010, against the 1^st respondent seeking an order, among other reliefs, to compel the 1^st respondent to complete the sale of the suit property to the appellant.

The 2^nd to 4^th respondents are the interim administrators of the estate of James Kanyotu, deceased, who until his death was a shareholder and director of the 1^st respondent. The 2^nd to 4^th respondents were …