RULING OF THE COURT
1. The applicant, Teresiah Kamene King’oo, seeks in her notice of motion dated 26th May 2015, inter alia, an order of stay of execution of the decree issued in the High Court in H.C. (E.L.C.) Suit No. 519 of 2008 pending the hearing and determination of her appeal No. 113 of 2015 lodged in this Court on May 12th, 2015. She also seeks a temporary injunction to restrain the respondent from transferring, alienating, charging or sub-dividing or entering into or prejudicially dealing with the contested land known as LR 12661/28 (the suit land). The application is predicated on rule 5(2) (b) of this Court’s Rules.
2. The application shows that the applicant sued the respondent in the High Court in Suit No. H.C. (E.L.C.) No. 519 of 2008 seeking, inter alia, a declarations that the suit land “is lawfully registered as her property”; and that “the purported transfer in favour of the respondent is fraudulent and contrary to the provisions of the law and thus null and void ab i…