JAMES MBATIA THUO & EPHANTUS MWANGI V. KENYA RAILWAYS CORPORATION & ATTORNEY GENERAL

RULING OF THE COURT

1. Before the Court is an application dated 4^th July 2012 brought under sections 3A and 3B of the Appellate Jurisdiction Act and Rules 5(2)(b) and 42 of the Court of Appeal Rules, 2010. The substantive relief sought by the applicants is an order of temporary injunction

“restraining the 1st respondent, whether by themselves or their agents from evicting, intimidating, harassing and/or in any manner interfering with the 1st and 2nd applicant's quiet possession and enjoyment of house No. WK 10 on LR No. 209/6445, Kileleshwa, Nairobi and house No. WK 21 on LR No. 209/6444, Kileleshwa, Nairobi, pending the hearing of this application inter partes”

until the final determination and disposal of the intended appeal herein.

2. That motion is supported by the affidavit of the 1st applicant, also sworn on behalf of the 2nd applicant on 4th July 2012. The grounds in support of the application are that the applicants are in occupation of the said suit premises but face imminent e…