RULING OF THE COURT
This is an application for temporary injunction and stay of execution pending the hearing and determination of an intended appeal from the ruling and order of the High Court of Kenya (F. Azangalala J.) dated 25th July, 2005 in Nairobi High Court Civil Case number 127 of 2005.
The superior court summarised the nature of the application as follows:-
“The Chamber Summons dated 9th March 2005 is brought under Order 39 Rules 1, 2, and 3 of the Civil Procedure Rules, Section 106 of the Government Lands Act Cap 280, Section 3A of the Civil Procedure Act and or other enabling provisions of the law. It is seeking one primary prayer which is that the Defendants by themselves, agents, servants or any other persons acting on their behalf be restrained from levying out any distress or otherwise against the Plaintiff on LR No 3734/1141 and 3734/ 1143 Lavington and/or evicting or interfering with the peaceful enjoyment or quiet possession by the Plaintiff in L.R. No. 3734/1141 and 3…