JUDGMENT OF THE COURT
This is an appeal from a ruling of the High Court (M. Kasango, J.) dated 18th September, 2018 in which the appellant’s application for an interlocutory injunction was dismissed with costs.
The brief facts leading to the present appeal are that in or about 2007 the appellant applied for a loan facility of Kshs. 2,400,000/- from the 1st respondent to enable him complete the purchase of a residential property known as L.R. No. 18111/53 Baraka Estate Phase II House No. D35 hereinafter, “the suit property”. The loan was to be repaid in equal monthly instalments of Kshs. 33,390/- for a period of 15 years. The suit property was charged as security in the form of a first legal charge. The appellant fell into arrears and could not remit the agreed monthly instalments. On 25th August, 2016 he learnt that the suit property had been sold through a public auction by the 1st respondent in the exercise of its statutory power of sale.
Aggrieved, the appellant filed suit in the High…