HUMPHREY KILAMBO MCHARO V. KENYA COMMERCIAL BANK LTD & JOEL TITUS MUSYA T/A MAKURI ENTERPRISES

RULING OF THE COURT

This is an application by Notice of Motion dated 3rd March, 2005 filed by Humphrey Kilambo Mcharo (the applicant) under Rule 5 (2) (b) of the Court of Appeal Rules seeking a temporary injunction to restrain the respondents (Kenya Commercial Bank Ltd and Joel Titus Musya from advertising or selling by auction or otherwise the applicant’s piece of land being L.R. No. 12192/4 Wundanyi Town in Taita Taveta District (the property) pending the hearing and determination of the applicant’s intended appeal against the ruling and orders of the High Court of Kenya at Mombasa delivered by the Hon. Lady Justice Khaminwa J.

The record of the application contain two rulings by Khaminwa J one on 10th November, 2004 (the 2004 Ruling) and one a year earlier on 23rd September, 2003 (the 2003 Ruling).

The Notice of Motion, in its heading, indicates that the present application for an injunction arises out of the 2004 Ruling. The Notice of Appeal contained in the record of the current app…