RULING OF THE COURT
The notice of motion which we are dealing with and which is the subject matter of this ruling is dated 25th September, 2008. It was lodged in court on 29th September 2008, under a certificate of urgency. It is brought under Rule 5(2)(b) of the Court of Appeal Rules, and prays for orders, that:-
“1. ................................
2. ................................
3. THAT pending the filing, hearing and determination of the applicant’s intended appeal against the ruling of the Honourable Mr. Justice Luka Kimaru delivered on 15th September, 2008, an injunction be and is hereby issued restraining the respondent either by itself, its servants, agents, auctioneers or otherwise howsoever from selling, disposing, transferring, interfering with or alienating in any manner whatsoever the applicant’s property known as Nairobi Block 91/50 situated at Gigiri Nairobi pending the filing, hearing and determination of the appeal against the ruling and orders of Mr. Justice Luka Kim…