The Appellants application dated 24.03.2023 seeks an injunction pending appeal following dismissal of his application for injunction before the trial court. There is evidence that the subject motor vehicle has now been sold hence an injunction cannot be issued. Further, damages are an adequate remedy in the event the appeal succeeds. The application dated 24.03.2023 is dismissed with costs in the appeal.
Mention on 28.11.2023 before the DR to confirm filing of the appeal.
DATED and DELIVERED at NAIROBI this 9th day of OCTOBER 2023
D. S. MAJANJA
JUDGE