STEPHEN WANYEE ROKI V. K-REP BANK LIMITED, CITY COUNCIL OF NAIROBI & DAVID WAWERU

RULING OF THE COURT

On 1^st October 2013 the applicant, Stephen Wanyee Roki, took out the Motion on Notice now before us under rule 5(2)(b) of the Rules of the Court of Appeal. In the Motion the applicant seeks an injunction to prohibit registration of LR No. Dagoretti/Riruta 3753 and LR No Dagoretti/Riruta 4724 (the suit properties) in the name of David Waweru, the 3^rd respondent, pending the hearing and determination of his intended appeal. The intended appeal arises from the ruling and order of the High Court, (Njagi, J.) dated 20^th November 2012 by which the learned judge dismissed the applicant’s interlocutory application for injunction to prohibit the respondents from advertising for sale, selling or alienating the suit properties pending the hearing and determination of the High Court suit.

In summary the background to the application before us is as follows. On 24^th June 2005 the applicant won a tender for Kshs 5,331,191/= from the 2^nd Respondent, the City Council of Nairobi, for…