COMMERCIAL BANK OF AFRICA V. WARDPA HOLDINGS LIMITED, CO-OPERATIVE BANK OF KENYA LIMITED, LEAKEY'S AUCTIONEERS, CHIEF LAND REGISTRAR, PATRICK KANGETHE NJUGUNA, EQUITY BANK LIMITED, KINJUNJE GARDENS LIMITED & MARGARET WAMBUI KANG'ETHE

JUDGMENT OF THE COURT

[1] This is an appeal from the Ruling of the Environment and Land Court (ELC) at Nairobi (S. Okong’o, J) which dismissed the appellant’s and 6^th respondent’s respective applications for interlocutory injunction against the 2^nd respondent and others. The impugned ruling dated 19^th December, 2017 was in respect of two applications. The first application was dated 3^rd August, 2016. It was filed by Equity Bank Limited (Equity Bank) in Nairobi Civil Suit No. ELC Case No. 941 of 2016. The second application dated 4^th August, 2016 was filed by Commercial Bank of Africa Limited (CBA) in Nairobi Civil Case No ELC No. 947 of 2016. By an order dated 11^th October, 2016, the two suits were consolidated by consent of the parties. On 28^th November, 2016, the ELC ordered that the two applications be heard together by way of written submissions.

[2] The chronology of events which preceded the suits and the applications is briefly stated below:

(i) By a letter dated 10^th May, 2010, t…