EDWARD GICHUNJI WAMBIRI V. HANNAH NJERI THUBI

JUDGMENT OF THE COURT

[1] This is an appeal arising from the ruling of the High Court in which the court disallowed an application lodged by Edward Gichunji Wambiri (now the appellant) for orders of interlocutory injunction pending the hearing of a suit that he has filed against Hannah Njeri Thubi (now the respondent). The relief sought in the suit was an order restraining the respondent from dealing with property known as LR No. Dagoretti/Riruta/5311 that is herein referred to as the suit property. She also sought an order for retransfer of the suit property back to him. The appellant who was previously the owner of the suit property, claimed to have transferred the property to the respondent pursuant to an agreement of sale entered into between him and the respondent, which agreement the respondent had breached by failing or refusing to pay the balance of the purchase price. The appellant was apprehensive that the respondent would dispose off the suit property, hence the prayer for t…