PETER KAMAU IKIGU V. BARCLAYS BANK OF KENYA LIMITED & PETERSON OGINO ONGARO

RULING OF THE COURT

1. The applicant herein charged L.R. No. 2/653 (suit premises) as security for a loan advanced by the 1^st respondent to Kanconsult Ltd. Following default in repayment of the loan, the 1^st respondent exercised its statutory power of sale and sold the suit premises to the 2^nd respondent. Consequently, the applicant filed suit in the High Court being H.C.C.C No. 719 of 2003 challenging the sale and seeking inter alia a declaration that the sale was illegal, null and void. The trial court by its judgment dated 27^th February, 2013 dismissed the suit thereby instigating Civil Appeal No. 719 of 2003 which is still pending before this Court.

2. Subsequently, the applicant by a Motion under Rule 5 (2) (b) of the Court of Appeal Rules (the Rules) sought three substantive prayers. The first was an order restraining the 2^nd respondent from selling, mortgaging, leasing or dealing with the suit premises pending the hearing and determination of the appeal. The second was an order o…