SALIM HUSSEIN DUNGARWALLA V. UZIMA PRESS LIMITED, RIGHT END PROPERTIES LIMITED & REGISTRAR OF TITLES

RULING OF THE COURT

Neelam Dungarwalla, who has substituted Salim Hussein Dungarwalla as the applicant in this matter, has moved the Court under rule 5(2) (b) of the Court of Appeal Rules for an order of injunction to restrain the respondents from disposing, selling, alienating or transferring the property known as LR No. 1870/X/24 (the suit property) pending the hearing and determination of an intended appeal from the judgment of the Environment and Land Court at Nairobi (Bor, J.) dated 4th July 2018. For convenience we shall refer to both Neelam Dungarwalla and Salim Hussein Dungarwalla as the applicant. By the judgment that the applicant intends to appeal, the trial court dismissed the applicant’s suit for specific performance of an agreement that he had entered into with the 1^st respondent, Uzima Press Ltd, for the sale and transfer of the suit property. The court also allowed the 1st respondent’s counterclaim against the applicant for a declaration that it had rescinded the said a…