Jose Estates Ltd v. Muthumu Farm Ltd, Joseph Njogu Njuguna & National Bank of Kenya Limited

JUDGMENT OF THE COURT

This is an interlocutory appeal against the decision of the superior court (Jean Gacheche, Commissioner of Assize - as she then was) given on 21^st June, 2000 in Nairobi High Court Civil Case No. 618 of 2000. In that decision the superior court granted Muthumu Farm Limited (1^st respondent) and Joseph Njogu Njuguna (2^nd respondent), as plaintiffs in the suit, a restraining injunction against Jose Estates Limited (the appellant), as 2^nd defendant in the suit, and National Bank of Kenya Limited (3^rd respondent ) as 1^st defendant in the suit. The injunction granted was to restrain both the defendants from selling, disposing, transferring and or alienating property known as L.R. NO. 10551/3; and also from taking possession of and or in any way interfering with the plaintiffs’ possession and occupation of the property, pending the hearing and determination of the suit.

The aforesaid suit was commenced by plaint, on 5^th April, 2000. There are detailed averments in that pla…