RULING OF GITHINJI, J.A.
In Civil Application No. Nai. 4 of 2007 the applicant MBARAKI BULK TERMINAL LIMITED (MBTL) seeks under rule 5 (2) (b) of the Court of Appeal Rules (Rules) fan order of stay of execution of the decision of the superior court (Sergon J) delivered on 15th December, 2006 in Mombasa High Court Miscellaneous Civil Application No. 967 of 2006 pending the hearing and determination of the intended appeal.
In that application, the superior court allowed an application for judicial review made by EAST AFRICAN BULKING SERVICES LIMITED (EABSL) and granted an order of certiorari quashing the decision of the District Land Registrar Mombasa made on 9th December, 2005:
(i) Consolidating titles known as BLOCK/XLVIII/135, 138, 140 to one title MOMBASA/BLOC XLVIII/185, and
(ii) Registering the transfer of the consolidated title MOMBASA/BLOCK XLVIII/185 in the name of MBTL.
Similarly, in Civil Application No. Nai. 5 of 2007 MBTL the applicant seeks under Rule 5 (2) (b) of the Rules an …