RULING OF THE COURT
We have before us an application made under rule 5(2) (b) of the Court of Appeal Rules by which the applicant, Dr. Ng'ok, seeks an order to restrain the sixth (6th) respondent, Madison Insurance Company Kenya Limited, its agents or servants, workmen and/or employees from evicting the applicant from all that piece or parcel of land known as plot L.R. 209/13239 situated in Nairobi (hereinafter referred to as "the suit property") or from interfering with his quiet possession of the suit property or from selling, disposing, charging, transferring, conveying or in any other way alienating the suit property pending the filing hearing and determination of an intended appeal. The proposed or intended appeal is to be against the decision of the superior court (Hayanga J) whereby the learned judge struck out the applicant's suit in the court below.
The facts which are not in dispute are that the applicant wrote a letter dated 28th March, 1995 to the Commissioner of Lands (fift…