STEPHEN KIMANI MUHU V. SAVINGS AND LOAN KENYA LIMITED & RICHARD N. NYARIKI T/A BASELINE AUCTIONEERS

RULING OF THE COURT

We have before us, an application by way of notice of motion dated 25^th June, 2008 and lodged in Court on 26^th June 2008. It is brought pursuant to rules 5 (2) (b) and 47 (1) of the Court of Appeal Rules (the Rules) and the applicant Stephen Kimani Muhu is seeking two orders against the first respondent Savings and Loan Kenya Limited and the second respondent Baseline Auctioneers as follows:-

“1. That there be a temporary injunction restraining the intended respondents by themselves and/or their agents, servants and/or employees from further advertising, offering for sale, selling by public auction or otherwise and/or in any manner whatsoever disposing the property known as LR No. Nairobi/Block 72/1249 pending the hearing and determination of this appeal.

2. That costs of and incidental to this application be in the intended appeal.”

The grounds cited in support of the application are four and these are that:-

“(a) The ruling and order of the superior court intended to…