RULING OF THE COURT
1. In her application presented to this Court on 16th November 2016, the applicant seeks a temporary injunction to restrain the respondent from evicting her, her family and workers from her house which she says is situated on Title Number Ndivisi/Ndivisi/1036 pending the hearing and determination of her intended appeal from the judgment of the Land and Environment Court at Bungoma delivered on 29th September 2016. Although she invoked the provisions of the Civil Procedure Act and the Civil Procedure Rules alongside Sections 3, 3A and 3B of the Appellate Jurisdiction Act, we have considered her application as an application under Rule 5(2)(b) of the Court of Appeal Rules.
2. The background to the application, in brief, is that the respondent, Lutuli Alex Wanyonyi Nyongesa, was one of five plaintiffs before the lower court who instituted suit against the applicant, among other defendants, seeking a permanent injunction to restrain them from interfering with the use and…