RULING OF THE COURT
This is an application under rule 5(2)(b) of the Court of Appeal Rules brought by Mwanzi Road Properties Ltd (the applicant) for a stay of execution of the judgment and order of the superior court given by Shields J on 5th October, 1993. In the alternative, the applicant seeks an order of injunction against Maina Muchiri (the plaintiff) restraining him, his servants and agents from selling, disposing of, transferring or otherwise dealing with the property on Plot L.R. No. 1870/1/92 (the suit land) until the hearing and final determination of an intended appeal.
The plaintiff took out an originating summons against Gilbert Road Properties Ltd (the defendant) who was at the material time the registered proprietor of the suit land, claiming to be entitled to the suit land by adverse possession and sought to be registered as proprietor accordingly.
On 24th July, 1992, well before the date of trial, which took place on 5th October, 1993, the suit land was transferred to th…