JANE NYAGUTHI NDIRANGU V. PENINAH WANJIRU NJOROGE,JANE WAIRIMU NJOROGE,ESTHER WANJIKU NJOROGE & MUCHIRI NJOROGE

RULING OF THE COURT

[1] Jane Nyaguthi Ndirangu (applicant) states that she intends to appeal against the judgment and decree issued by Obaga, J. on 26^th November, 2018 in ELC Appeal No 24 of 2014. Towards that end the applicant filed the instant notice of motion under the provisions of Rule 5 (2) (b) of this Court Rules seeking an order staying the execution of the aforesaid judgment and/or an order of injunction be issued pending the hearing and determination of the intended appeal. Nonetheless her intention to appeal is not supported by a Notice of Appeal as none is included in this application. It is trite that a party is bound by their own pleadings and just as the saying goes, “a party cuts the cloth they desire to be covered with”. In other words a court cannot import pleadings that are not included in an application so as to sustain it. We shall revert to this issue as it appears the respondents substantively raised it in the replying affidavit in opposition to this application

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