RULING OF THE COURT
This is an application for injunction under Rule 5 (2) (b) of the Court of Appeal Rules to restrain the respondents from cultivating, utilizing, selling, transferring, disposing, wasting or in any manner dealing with land Reference No. Kiambaa/Kihara/759 and the developments thereon pending hearing and determination of the intended appeal.
The applicants intend to appeal against the judgment and decree of the superior court dismissing their suit (originating summons) claiming title by adverse possession of land parcel No. Kiambaa/Kihara/759. (Parcel No. 759)
Although the applicants have not annexed the pleadings the material facts relating to the dispute have been captured in the impugned judgment of the superior court delivered on 27th October 2010.
The two applicants and the Church Commissioners of Kenya filed a suit against the three respondents claiming respective portions of land title No. Kiambaa/Kihara/760 (parcel 760) after they discovered in the year 2001 that…