RULING OF THE COURT
The applicant Nelson Ongera Migiro has brought this Motion on Notice under Rule 5 (2) (b) of this Court’s Rules against the respondents Geoffrey Nyauma Osindi and Florence Moraa Mogere. The prayers that were urged before us are prayers 2, 3 and 4 in the motion which are that pending hearing and determination of the application, conservatory orders be issued allowing the respondents to continue occupying the suit premises and paying the rent of Kshs.5000/= as had been ordered by consent of the parties entered on 26th August, 2013 in Succession Cause No. 24 of 2010; that pending hearing and determination of Kisumu Civil Appeal No. 32 of 2014 the respondents be restrained from alienating, transferring, disposing off or interfering in any manner with the title to the said property and finally that pending hearing and determination of the said appeal there be an order of stay of any further proceedings in Kericho Succession Cause No. 14 of 2009.
The motion is supported by…