JUDGMENT OF THE COURT
The appeal before us is of an interlocutory nature and that being so, it is not necessary and it would not be right for us to make definitive conclusions on facts and issues which are yet to be canvassed in the superior court. The appeal is from the ruling of Khaminwa J. delivered on 26th April, 2004 in which the learned Judge allowed the application for temporary injunction against the appellant herein, Maruma Holdings Company Ltd. A brief background to this matter is as follows:-
Jumaa Abdalla Mwazuzu (on his own behalf and on behalf of all persons living on the land reference No. 4752/2) as the plaintiffs filed an Originating Summons under section 38(1) of the Limitation of Actions Act Cap. 22 Laws of Kenya and Order XXXVI rule 3D (1) and (2) of the Civil Procedure Rules seeking the following orders against the defendants (Maruma Holdings Ltd. and Commissioner of Lands):
“1. THAT the plaintiff herein for (sic) his own and on behalf of all persons living on the la…