RULING OF THE COURT
This application expressed to be brought under rule 5(2) (b) of this Court’s Rules seeks two orders:-
“1. ---------------
2. THAT an injunction do issue to restrain the respondent (sic) their agents and or servants from advertising, selling and or in any other way disposing off (sic) the suit premises being L.R. NO. NRB/BLOCK 32/677 Ngumo Estate pending the hearing of this application.
3. THAT an injunction do issue to restrain the respondent (sic) their agent and or servants from advertising, selling and or in any other way disposing off (sic) the suit premises being L.R. NO. NRB/BLOCK 32/677 NGUMO ESTATE pending the lodging, hearing and the determination of the intended appeal against the judgment and decree of Hon. Justice Fred A. Ochieng delivered on the 5th day of December, 2006.
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The decree emanates from the dismissal by the superior court (F.A. Ochieng, J) on 5th December, 2006 of a suit commenced by way of an Originating Summons by the ap…