RULING OF THE COURT
Before us is a notice of motion application by Everton Coal Enterprise Limited, “the application” dated 23rd September, 2016 brought pursuant to Articles 10, 20(3), 25(c), 40, 48, 50, 60(1) (b) (d), 159(2) (a) (d), 163(4) (b) and 259(1) of the Constitution; Sections 3A and 3B of the Appellate Jurisdiction Act; and Rules 1(2), 42, 43 and 77(1) of the Court of Appeal Rules. The applicant seeks to be enjoined in these proceedings as an interested party. There are other prayers in the application. However, at the inter partes hearing of the application, the applicant abandoned those prayers and only sought the prayer stated above.
The brief facts leading to the application are that the applicant vide an agreement dated 5th May, 2009 purchased L.R No. 10090/23 hereinafter, “the suit property” situated in Juja within Thika Municipality comprising of 20.85 ha from the respondents for a consideration of Kshs. 100 million. Transfer in favour of the applicant was registered on…