RULING OF THE COURT
By a notice of motion dated 5th May, 2008, the applicant seeks two orders under Rule 5 (2) (b) of the Court of Appeal Rules, namely; an order for stay of execution of the Ruling/Order of the superior court delivered on 18th December, 2007 in H.C.C.C. No. 594 of 2004 and secondly, an order of injunction to restrain the respondent, inter alia, from evicting the applicant from L.R. No. 4856/6 – a petrol station pending the filing, hearing and final determination of an appeal from the ruling and order delivered by the superior court on 18th December, 2007 in H.C.C.C. No. 594 of 2004.
The parties have had a long raging dispute over the operation of petrol station on L.R. No. 4858/6 situated in Kileleshwa, Nairobi. The plot and the petrol station constructed thereon are owned by the respondent (Company). The applicant has however been operating the petrol station since about 1971 under a commercial arrangement with the company. The exact nature of that arrangement has been…