RULING OF THE COURT
This is an application under Rule 5 (2) (b) of the Court of Appeal Rules (the Rules) for an injunction pending the hearing and determination of the appeal. The prayer is as follows:
“1. THAT pending the hearing and determination of Civil Appeal No. 9 of 2010 lodged in the Sub-Registry at Kisumu on the 5th day of March, 2010, this Honourable Court be pleased to issue an injunction restraining the Respondent by itself, its agents, servants and/or employees from entering, demolishing, constructing or otherwise howsoever manner interfere with the occupants occupying and carrying business on land parcel No. WEST MUGIRANGO/BONYAMATUTA/1051.”
The applicant, Kebirigo Consumers Co-Operative Society (the Society) was at one time, in the late 1980s and early 1990s, the owner of the property known as West Mugirango/Bonya Matuta/1051 (the suit property) which is the subject of dispute in the intended appeal.
In July, 1988, the Society borrowed funds from the respondent, which, as a…