CHERANGANI HILLS LIMITED V. CFC STANBIC BANK LIMITED, J. M. WAFULA, KENYA REVENUE AUTHORITY, GILLETTE TRADERS AUCTIONERS & EXCEL ENTERPRENUERS DEVELOPMENT SCHEME LIMITED

JUDGMENT OF THE COURT

1. The appellant is aggrieved by, and has appealed against the ruling and order of the High Court at Kitale (M. Koome, J. (as she then was) given on 15^th December 2011 restraining the 3^rd respondent from transferring and registering motor vehicle registration number KAY 726X to any third party and ordering that vehicle to be stored pending the hearing and determination of the suit.

2. The substantive suit, we were informed from the bar, is yet to be heard and determined by the High Court. We must therefore refrain from making pronouncements that might prejudice the parties at the trial before the lower court.

3. That said, the grant or refusal of a temporary injunction involves the exercise of judicial discretion within the long-standing principles settled in Giella v. Cassman Brown and Company Ltd [1973] EA 358. The circumstances under which we, as an appellate court, can interfere with the exercise of such discretion are limited. In Mbogo and Another v. Shah [1968…