RULING OF THE COURT
This is an application under rule 5 (2) (b) of the Rules of this Court for a temporary injunction to restrain the respondents whether by themselves or agents and servants from selling or moving into or interfering with parcel No NTIMA/IGOKI/4218 situate in Meru within the Republic of Kenya pending the hearing and determination of an intended appeal against the judgment and order of the Superior Court (Lady Justice Mary Kasango) delivered on 30th October 2009.
We were urged in arguments that the appeal has overwhelming chances of success which if successful will be rendered nugatory unless the respondents are restrained from interfering with the suit property. It is also submitted that it is in the interest of justice that the application be allowed since important points of law are raised in the intended appeal and that the applicant has made substantial development and improvements on the suit property.
Briefly stated the facts giving rise to this dispute are that th…