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The High Court granted a temporary injunction restraining sale or disposal of two houses in Mikocheni pending determination of the main land suit.
The Court's prior decision was made in violation of the right to be heard, as parties were not given an opportunity to address the applicability of Rule 48(3) of the Labour Court Rules. This breach of natural justice required the decision to be vacated. Upon review, the Court found no evidence of material irregularity or substantial injury in the auction process as required by Order XXI Rule 88(1) CPC, and thus the High Court's order setting aside the sale was improper. The auction was properly conducted and the buyers are bona fide purchasers for value.
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