RULING OF THE COURT
In the Notice of Motion dated 2nd November, 2015 which arises from the ruling and order of Kibunja, J. made on 30th September 2015, the applicant, Jitendra B. Dhokia, prays for orders that pending the hearing and determination of his intended appeal, this Court be pleased to grant an interim order and/or an order for stay of execution of the ruling and orders dated 30th September 2015 and for the costs of the application.
In the ruling, the High Court declined to grant the orders of temporary injunction against the advertising, sale, disposal or interference with the property know as Land Reference No. Kisumu/ Municipality/Block/7/443 (the charged property) that was sought. This was for reasons that, the applicant had failed to establish a prima facie case with a probability of success as the charge document clearly allowed the respondent to consolidate all the applicant’s facilities and to realize the securities offered in accordance with the law for reasons of none…