COSMAS KYALO MUTHEMBWA V. CO-OPERATIVE BANK OF KENYA LIMITED & PARK PLACE HOTEL TRAINING CENTRE LIMITED

RULING OF THE COURT

1. This is an application brought under rule 5(2) (b) of the Court of Appeal Rules. The applicant seeks an order of injunction pending appeal, to restrain the 1^st respondent from advertising for sale or selling by public auction or private treaty, leasing, letting or otherwise howsoever interfering with title to and interest in all that parcel of land known as L.R. No. 12661/58, Karen (the suit property).

2. According to his deposition in the affidavit filed in support of the application, by a letter of offer dated 8^th September, 2011, the 1^st respondent offered to advance the 2^nd respondent a sum of Kshs.22,000,000/= for purposes of construction and offsetting an outstanding loan by Equity Bank that was secured by a charge over the title to the suit property, which is registered in the applicant’s name. The title to the suit property was to be charged to the 1^st respondent to secure the aforesaid sum.

3. Subsequently, the 1^st and the 2^nd respondents agreed to restruc…