TECHNO HOLDINGS LIMITED, MAHBOOB ABDUL AZIZ T/A SEKAI CAR SALES LIMITED, LE MISBAH CAFé, BAIG AND SONS TRADING COMPANY LIMITED & DAKANE SHEIKH MOHAMMED V. NATIONAL SOCIAL SECURITY FUND BOARD OF TRUSTEES

RULING OF THE COURT

1. Before us is an application anchored under Rule 5(2)(b) of the Court of Appeal Rules (the Rules) wherein the applicants seek:

An injunction restraining the respondent whether by itself, its servants, its agents and/or any person claiming under it from levying distress against the applicants or interfering with the applicants quiet and peaceful possession of L.R No. Mombasa/ Block XX/328/329 pending the lodging hearing and determination of an intended appeal against the ruling dated 10^th April, 2018 in E.L.C No. 377 of 2017.

2. The salient facts which gave rise to the said application are that by a lease dated 1^st August, 2010, the respondent leased out the suit premises also known as Hazina Plaza to the 1^st applicant. The amount and mode of payment of rent was set out in the said lease. It was also a term of the said lease that the 1^st applicant was granted a grace period of two years not to pay rent while undertaking renovation of the suit premises. Nevertheless, …