RULING OF THE COURT
This is an application under rule 5 (2) (b) of the Court of Appeal Rules presumably for stay of execution pending the hearing and determination of an intended appeal. The order sought is for “stay of the Ruling ....”. Clearly a Ruling cannot be stayed; and we can only assume that the applicant seeks to stop its execution.
The material facts giving rise to this intended appeal are not in dispute. At the centre of the dispute is a prime property located in Nairobi known as LR No. 209/2582 (hereinafter “the suit property”). The property was originally owned by the 1st respondent (Piedmont) and charged to the 2nd respondent (Standard Assurance). At some point Standard Assurance purported to dispose or transfer the suit property in the exercise of its statutory power of sale. However, on 1st July, 2008 the superior court (Kimaru, J) ordered status quo in respect of the ownership of the suit property as at 2nd June, 2004 pending the hearing and determination of the suit be…