RULING OF THE COURT
The applicant has framed the instant application thus:-
“An application for injunction and stay in relation to the suit property L.R. No. 3734/198 under the orders granted by this Honourable Court on 25/09/2009 pending the hearing and determination of C.A. 124 of 2008 arising from HCCC 86 of 2000.”
It is premised on the provisions of sections 3 (2) of the Appellant Jurisdiction Act, sections 1A, 1B and 3A of the Civil Procedure Act and Rules 5 (2) (b) and 42 (1) of the Court of Appeal Rules.
The Civil Procedure Act and by extension the rules made thereunder applies to proceedings in the High Court and the subordinate court. See section 1 of the Civil Procedure Act. The provisions of the Civil Procedure Act and rules cited in this application are therefore inapplicable. We shall return to the other relevant provisions shortly. From what we have set out above, the application seeks an;
“........injunction and stay in relation to the suit property............under the orde…