RULING OF THE COURT
This is an application dated 15th July, 2009 brought under rule 5 (2) (b) of this Court’s rules. It seeks an injunction against the ruling delivered on 1st July, 2009 by Kimaru, J in the Milimani High Court Civil Case No. 352 of 2009 pending the hearing and determination of the intended appeal. The applicant relied on the grounds set out in the body of the application and a replying affidavit sworn on 13th July, 2009. In opposition the respondent has filed an affidavit sworn on 27th July, 2009 by Mr. Veena Jiwa, a director of the 1st respondent company. During the hearing the learned counsel, Mr. Mugambi Imanyara represented the applicant and the respondent was represented by the learned counsel Mr. John Mbaluto.
The background facts are straight forward. The applicant (now deceased) is represented by his legal representative Mr. Purbai Gopal Patel. Part of the estate of the late Gopal Ramji Patel includes all that parcel of land known as L R 209/45/6 Nairobi which …