DEVIKA SHAILESHKUMAR PATEL, SHAILESHKUMAR NATAVERBHAI PATEL & SHANIL VIRAJ PATEL V. SHILPAN PATEL (SUING AS THE EXECUTOR OF THE ESTATE OF NATAVERBHAI PRABHAI VALLABHAI PATEL) & CHIEF LAND REGISTRAR

RULING OF THE COURT

The application before us is rather unusual. It seeks to arrest mid- stream, the delivery of a ruling scheduled to be delivered by the Environment and Land Court (ELC) (L. Komingoi, J.) on an application for injunction. The motion is couched as injunctive relief under Rule 5(2) (b) of the rules of this Court, for the following orders:

“1. THAT this Honourable Court of Appeal be and is hereby pleased to issue Orders barring the trial court from delivering its ruling on the 1^st respondent’s application dated 22^nd November, 2017 which is now set for ruling on 26^th March, 2019 or on any other day thereafter pending the hearing and determination of the intended appeal.

2. THAT this Honourable Court of Appeal be and is hereby pleased to issue Orders staying further proceedings in Nairobi ELC No. 721 of 2017 pending the hearing and determination of the intended appeal.”

The notice of appeal filed to confer jurisdiction on the Court is dated 6th November 2018 and was filed on …