RULING OF THE COURT
This is an application under Rule 5 (2) (b) of the Court of Appeal Rules seeking two orders namely, firstly, stay of execution of the judgment of the superior court dated 16th November, 2007, the resultant decree and any subsequent order pending determination of Civil Appeal No. 2 of 2008; and secondly, an order of injunction to restrain the respondents, their servants or agents from entering on land parcel No. Loc. 14/Kairo/381 or otherwise interfering with the applicant’s possession pending the determination of the said appeal.
The applicant and the 2nd, 3rd, 4th and 5th respondents are daughters of Mutuota Muchui, now deceased. The deceased was the registered proprietor of land parcel No. Loc.14/Kairu/381 comprising approximately 3.2 acres. He was survived by six daughters the applicant and the five respondents. Sometime in 1993 Priscilla Muthoni Thiongo (2nd respondent) filed succession cause in the High Court at Nyeri being Probate and Administration No. 2 of 19…