SAMIYAN KAUR DEVINDER SINGH V. SPEEDWAY INVESTMENT LIMITED & CFC STANBIC BANK LIMITED

RULING

1. The applicant moved to the High Court, Milimani Commercial and Admiralty Division and presented Civil Case No. 553 of 2010. On the plaint, she anchored an interim application brought under the then order XXXIX Rule 1 and 9 of the repealed Civil Procedure Rules, seeking preservatory orders for the preservation of the applicants quiet possession, use and ownership of apartment No. C.6 erected on LR.No.330/667, pending the hearing and determination of the interim application in the first instance, and the hearing and determination of the main suit in the second instance. Interim orders were granted exparte in the first instance.

2. That interim application was opposed by a replying affidavit and grounds of opposition of Eric Mungai of 14^th September, 2010. Parties were then heard on the merits of the application. In a ruling delivered on the 5^th day of December, 2013 E.K.O. Ogolla J dismissed the interim application. The applicant was aggrieved by that dismissal order and desired…