FREDRICK WAMBARI CHEGE V. JAMES KARUME WANJEMA, CLEMENT GACHIRE WANJEMA & NDICU WANJEMA

RULING OF THE COURT

This is an application under rule 5(2) (b) of the Court of Appeal Rules for an order of injunction in the following terms:

“3. A temporary injunction do issue restraining the respondents, whether by themselves, their servants, agents or employees from selling, alienating, transferring or in any other way dealing with title number Gatamaiyu/Gachoiri/ 587 and from evicting the applicant from the said property or in any way interfering with the applicant’s possession thereof pending the hearing and determination of this appeal.”

The applicant’s suit in the superior court claiming land title No. Gatamaiyu/Gachoiri/587 comprising of 8 acres by adverse possession was dismissed by the superior court (Ransley, J) on 11/11/2004. The applicant intends to appeal to this Court against that decision and has already filed a notice of appeal.

The purpose of an injunction pending appeal is to preserve the status quo pending appeal. Although the jurisdiction of the Court is discretiona…