PATRICK CAMPBELL MANYUIRA V. ANN MUTHONI PERTET

JUDGMENT OF THE COURT

The appellant Patrick Campbell Munyuira has appealed against the ruling and Orders made by the superior court (Ole Keiwua J.) on 20^th December, 1994. The learned judge had ordered that the appellant be restrained from alienating the suit premises (one maisonnette constructed upon L.R. N0. 209/8878/5 as described in the agreement for sale made between the parties on 2^nd August, 1994) either by himself or his servants and/or agents until the final disposal of the suit in the superior court.

The respondent had sworn an affidavit in the superior court, the first four paragraphs whereof, were admitted by the appellant. In paragraphs 3 and 4 of her said affidavit the respondent states that the appellant agreed to sell to her the suit property at a price of K.Shs.3,500,000/= 10% of which sum was to be paid as deposit in two stages; Shs.100,000/= upon the execution of the agreement of sale and Shs.250,000/= upon completion of the required sub-division by the appellant.

Mr. …