IN THE COURT OF APPEAL
AT NAIROBI
(Coram: Omolo JA, Onyango Otieno and Deverell Ag JJ A)
CIVIL APPLICATION NO NAI 241 OF 2004
ERIC KETER and 6 OTHERS................... APPLICANT
VERSUS
ISAIAH KIPLAGAT
DAVID OKEYO
JOSEPH KINYUA .........................RESPONDENTS
(An application for an injunction pending the hearing of an intended appeal from the ruling and order of the High Court of Kenya at Nairobi (Ransley J) dated 23rd September, 2004 in HCCC No 971 of 2004)
RULING
Though the motion before us is merely one under rule 5 (2) (b) of the Court’s Rules, it was very vigorously and laboriously contested before us and on several occasions we had to remind the respective counsel for the parties that the Court was not hearing the appeal which is yet to be filed.
There are seven applicants to the motion and they are led by Eric Keter (1st applicant) and Lukas Sang (2nd applicant). These are the ones who swore affidavits in support of the motion before us. On the other side of the divide are Isaiah Kipl…