RULING OF THE COURT
This application is made under rules 5(2)(b) and 42 of the Court of Appeal Rules 2010. It seeks one main order, that:
“Pending the lodging hearing and determinations of the applicant’s intended appeal this Honourable Court be pleased to issue an injunction restraining the 2nd and 3rd respondents their agents or servants from disposing of, alienating constructing or otherwise howsoever manner interfering with land parcel Nos. ISOGE/KINENI/BLOCK 1/686 and 687; and that an order for the costs be provided for.”
The application was supported by the grounds set out on the face thereon as well as the averments in the supporting affidavit. The grounds on the face of the application are similar to the grounds set out in the draft memorandum of appeal while averments in the supporting affidavit give the background of the dispute between the parties.
Initially Naftali Machani Amosi, the applicant (deceased) had a land dispute over plot No. Isoge/Kineni/Block1/70 with one Mogere A…