RULING OF THE COURT
1. UPON perusing the Notice of Motion dated 19th August, 2020 by the applicant brought under Rule 5 (2) (b) of this Court’s Rules and Sections 3A and 3B of the Appellate Jurisdiction Act where the applicant seeks, in the main, an injunction to restrain the respondent, his agents, servants, employees and or representatives or anyone working under him or for him from in any way interfering or dealing with Title Number Kericho/Kipchimchim/2192 (the suit premises) pending the hearing and determination of an intended appeal from the order/decree and judgment of the Environment and Land Court (ELC) Appeal No. 3 of 2018 delivered by Onyango, J on 30th July, 2020; and
2 UPON perusing the affidavit of Willy Kipkoech Kirui sworn on 19th August, 2020 in support of the application; and
3. UPON perusing the applicant’s submissions wherein it is contended that the respondent filed Kericho CMCC No. 108 of 2014 against the applicant’s deceased father and sought a refund of Kshs 500,0…