<p class="ql-align-center">RULING OF THE COURT</p><p>This is an application by Notice of Motion dated 22^nd November 2007 for an injunction and stay of proceedings pending the filing, hearing and determination of an intended appeal against the ruling and order of Lesiit J. dated 26^thOctober 2007, under <em>rule 5(2) (b)</em> of the Court of Appeal Rules (hereinafter <em>“The Rules”)</em></p><p>The applicants are <em>Penelope Combos</em> (hereinafter <em>“Penelope”)</em> and her husband <em>Anthony Combos</em> (hereinafter <em>“Anthony”)</em> being the first and second plaintiffs in civil suit No. 440 of 2003 in the High Court of Kenya, Milimani Commercial Courts. The respondent to the application and the defendant in the suit is the <em>National Bank of Kenya Ltd</em> . (hereinafter <em>“NBK”</em>).</p><p>The <em>orders</em> sought in the Motion are:-</p><p><em>“1. THAT this Honourable Court be pleased to grant an injunction restraining the respondent whether by itself or by its servants, or agents or Advocates, auctioneers or any of them from the following acts, that is to say from advertising for sale, selling by public…</em></p>