Ruling
In her application dated May 4, 2022 presented under rule 5(2)(b) of the Court of Appeal Rules, Jane Marete, the applicant/appellant seeks an order of injunction to restrain the respondents from offering for sale, advertising, alienating, transferring, evicting the applicant or otherwise interfering with her possession and occupation of the property known as land reference number 5608 (original number 5303/221) section I Mainland North, Mombasa County (the property) pending the hearing and determination of the appeal. It is supported by her affidavit sworn on May 4, 2022. The application is opposed. Irene Juliet Otinga, the 2nd respondent filed a replying affidavit sworn on May 19, 2022 in opposition to the application.
We heard the application on November 8, 2022 when the applicant was represented by Mr P Murgor, senior counsel appearing with Mr B Otieno, learned counsel. We were informed from the bar that the 1st respondent is deceased. Learned counsel Mr Munyithya appeared for…