RULING OF THE COURT
In a Judgment delivered on 30th April, 2020 by the Environment and Land Court at Kerugoya (Cherono, J.) the applicant’s suit failed and was dismissed. The applicant had sought various orders: a declaration that he was the owner of Plot No. 215 Kerugoya; a declaration that the acquisition of a leasehold in respect of a Plot No. Kerugoya/Township/250/448 was improper, unprocedural, illegal, null and void ab initio; an order for cancellation of the said leasehold interest and a permanent injunction to issue restraining the respondents from encroaching or trespassing on Plot No. 215 Kerugoya. The respondents resisted the claim and, as stated, the suit was dismissed.
We are asked in the Motion on Notice said to be brought under rules 1 (2) and 5(2) (b) of the Rules of this Court in the main, to order that pending the hearing and determination of the application and of an intended appeal, we grant an injunction against the 3rd respondent (James Muriuki Kiragu) restraining …