RULING OF THE COURT
[1] By a notice of motion dated 29th May, 2019 lodged by Samuel Nyakeri Nyabiba (the applicant) under rule 5(2)(b) of the Court of Appeal Rules, the applicant seeks and order of injunction restraining Peter Okiabera Omwenga (the respondent) from evicting tenants or collecting rent from the entire land parcel No. Nzoia Sisal/Moi’s Bridge/Block 1/3406 (the suit property) and a further order that the suit property be surveyed by an independent surveyor to confirm the respondent’s share measuring 25 by 100 ft. as directed by the Court.
[2] According to the grounds stated on the face of the motion, and an affidavit sworn by the applicant, this Court delivered a judgment and allowed an appeal that was lodged by the respondent against the judgment of the Environment and Land Court (Ombwayo, J). The Court made orders that the applicant transfer the suit property to the respondent but suspended the order for 9 months within which period it gave the applicant the option of tra…