RULING OF THE COURT
Caneland Limited (the appellant), filed before this Court sitting in Kisumu the notice of motion dated 8th March, 2017seeking in the main, two orders as hereunder:-
1. That there be a stay of execution of the Honourable court’s ruling dated 8th February, 2016 in Kisumu ELC Case No. 124 of 2013 pending the inter partes hearing of this application; and
2. That there be a stay of execution of the Honourable court’s ruling dated 8th February, 2016 in Kisumu ELC Case No. 124 of 2013 pending the hearing and determination of the appeal lodged in Court of Appeal Kisumu being Civil Appeal No. 25 of 2017.
The application is premised on grounds, inter alia, that the applicant had filed an application before the Land and Environment Court in Kisumu seeking orders of injunction against African Banking Corporation Ltd (respondent) for it to be restrained from advertising for sale of the applicants securities being Kisumu Municipality Block 7/171 and 181, or from offering the said pr…