JOSEPH GITAHI GACHAU & BEATRICE WANGECHI GITAHI V. PIONEER HOLDINGS (A) LIMITED, PIONEER ASSURANCE CO. LTD & EVELYN WALEGHWA NG'ANG'A

RULING OF THE COURT

This is an application expressed to be brought under Rule 5(2) (b) of the Court of Appeal Rules for an order that:-

“Pending the hearing and determination of Nairobi Civil Appeal No. 67 of 2008 the Respondents whether by themselves, their agents and/or servants or otherwise howsoever be restrained by injunction from evicting the Applicants, taking possession, transferring, or in any other way interfering with the Applicants’ quiet possession of the premises known as L.R. No. 14970/49 Nairobi.”

The facts so far as relevant to the application before us may briefly be stated as follows. In or about the year 1996, the applicants, Joseph Gitau Gachau and Beatrice Wangeci Gitahi, husband and wife respectively, jointly purchased the suit property known as Land Reference No. 14970/49, Evergreen Estate Off Kiambu Road, Nairobi, (the suit property). The purchase was partly financed by a mortgage loan advanced by the 1^st and 2^nd respondents through a Housing Loan Scheme. It is c…