RULING OF THE COURT
1. In his application dated 31st July 2020 made under Rule (5)(2)(b) of the Court of Appeal Rules, among other provisions of the law, the applicant Johnston Nyanyuki Menge, has sought an order of injunction to restrain the respondents from entering upon, alienating, selling, sub-dividing or otherwise dealing with the properties known as Title Numbers Gesima Settlement Scheme/337 and 343 pending the hearing and determination of his Civil Appeal No. 302 of 2019. That appeal arises from a judgment of the Environment and Land Court (J.M. Mutungi, J.) dated 9th October 2019 dismissing the applicant’s claim to the said properties on the basis of adverse possession. In the same application, the applicant has also sought an order of inhibition, or alternatively conservatory order to prevent dealings with the said properties pending the hearing and determination of his appeal.
2. To succeed, the applicant has the burden to satisfy the Court that his appeal is arguable and tha…