On 28th July 2011, this court dismissed an application filed by the Plaintiffs/Appellants/Applicants (Applicants) invoking this court’s “inherent and statutory jurisdiction” to grant an injunction to restrain the Defendants/Respondents/Respondents especially the 1st and 2nd Defendants/Respondents/Respondents (Respondents) from attempting to develop and/or construct the subject matter of the suit. This court reserved the reasons to be given on 28th October 2011.
The facts as gathered from the Affidavit in Support of the application are that on 28th March 2011, the High Court gave a ruling compelling the applicants to move an application for stay of execution which they sought to withdraw. Having appealed against the ruling of the High Court, the applicant applied to this court for an order to stay the proceedings of the High Court pending the hearing and the final determination of the appeal which application was granted on 24th June 2011. Then on 15th July 2011, and in the face of the …