RULING OF THE COURT
The application dated 20th December, 2012 and expressed to be brought under Rule 5 (2) (b) of this Court’s Rules, Sections 3A and 3B of the Appellate Jurisdiction Act and all enabling provisions of the law, seeks the following substantive orders: -
“2. That a temporary injunction to issue restraining the 4th respondent, his agents, servants and/or workers from selling, disposing, charging, sub-dividing and/or interfering with land parcel No. North Sakwa/Kamresi/15 (hereinafter “the subject title”) pending the hearing and determination of Civil Appeal No. 10 of 2012 at Kisumu and that the status quo be maintained.
3. That in the alternative, there be a stay of execution in Rongo Principal Magistrate’s Court Miscellaneous Civil Application No. 20 of 2010 pending the hearing and determination of the Court of Appeal Civil Appeal No. 10 of 2012 at Kisumu.”
The application is based on the following grounds that: -
“(a) Land Parcel No. North Sakwa/Kamresi/15 is the sole prope…