RULING OF THE COURT
The applicant has come before us vide an application dated 6th March, 2015 seeking orders of stay of execution as well as injunctive reliefs against the respondents, to restrain them jointly and severally from utilizing and/ or dealing with plot Nos. 803 and 891 Mikahani/ Mawemabomu/ Chonyi Adjudication section (“the suit premises”) pending the hearing and determination of the intended appeal. The premise for these prayers is that the applicant claims to be the owner of the suit premises situate in the former Kilifi District, having inherited the same from his clan. As the description of the suit premises suggests, they were subject to adjudication under the Land Adjudication Act (“the Act”). In the course of the adjudication process, there arose a dispute that came in three phases. In the first phase, Mwangolo Nyaachi Mbata (“Mwangolo” ), claimed to be entitled to Plot No. 803, while Mbaji Mumba Maruu (“Mbaji”), deceased and Hamisi Mbaji Mumba (Hamisi) contended to…