EDWARD MUSA MATIRU KARUGA V. GEOFFREY MURIUNGI KIRAITHE & STEPHEN MUTETI MOLOLO (SUING AS TRUSTEES OF AFRICAN HOLY GHOST CHURCH OF KENYA)

RULING OF THE COURT

1. We have before us a Notice of Motion application dated 2^nd July 2013 brought under Rule 5 (2) (b), 42 and 49 of the Court of Appeal Rules (the Rules) in which the applicant, Edward Musa Matiru Karuga is seeking the following orders:

“a) That an order for stay be granted against the execution of the order made on 14^th June 2013 by Hon. L. G. Gacheru Judge in HC ELC No. 1015 of 2012 pending the hearing and determination of the intended appeal.

b. That the respondents by themselves, their servants and or agents be restrained from evicting, dealing or in any other way interfering with the Applicant’s quiet enjoyment of Land Parcel No. 523 together with its building and improvements erected thereon pending the hearing and determination of the intended appeal.

C. Costs of this application be provided for.”

2. The application is premised on the grounds that the applicant shall suffer irreparable loss and damage if he is dispossessed of the suit property; that the intended …