JOHN KIPRGUT KURGAT T/A JOPHIK ENTERPRISES V. GUARANTY TRUST BANK (KENYA) LTD & LEAKEY'S AUCTIONEERS

JUDGMENT OF J. MOHAMMED, JA

1. By way of a chamber summons application dated 19th May 2005, filed in the Environment and Land Court, the appellant, John Kiprugut Kurgat, trading as Jophik Enterprises, applied for various orders, the main of which was an order of interlocutory injunction directed against Guaranty Trust Bank (Kenya) Limited and Leakey’s Auctioneers, the 1st and 2nd respondents respectively. That order sought to restrain the respondents from selling, transferring or in any way interfering with the parcel of land known as Tulwet/Tulwet Block 7 (Terige)/57 (the suit property) pending the hearing and determination of the appellant’s counterclaim against Guarantee Trust Bank (Kenya) (the 1st respondent) and Leakey’s Auctioneers (the 2nd respondent). The second order sought was that accounts be taken by an independent certified public accountant or financial expert appointed by the court in respect of the payments made to the 1st respondent by the appellant to ascertain the le…