RULING OF THE COURT
1. The application before us though titled as having been brought by the state has actually been filed by Simon Salaon Pertet (herein-after referred to as “the applicant”). We shall endeavor to explain his role later in this ruling. The application is anchored under Rules 5 (2) (b), 41 and 47 of the Court of Appeal Rules (the Rules) and seeks inter alia:
i. Stay of execution of the ruling dated 2nd June, 2015 in H.C. Misc. Applic No. 285 of 2011 pending the hearing and determination of the intended appeal.
ii. An injunction restraining the respondents by themselves or through their agents from disposing, transferring or otherwise interfering with L. R. No. Ngong/Block/2/683 Plot No. 131 of Vol. II (suit property).
2. The application is predicated on the grounds that the intended appeal is arguable and unless the orders sought are granted the substratum of the appeal will be disposed of rendering the appeal nugatory.
3. The background of the said application is that th…