JOHN GACHIE GICHIMU, PAULINE WAMAITHA MBUGUA, JEMIMAH NDINDA MUSYOKA, DAMARIS WANJIKU NJUGUNA, CAROLINE DAMARIS NDUTA KAMAU, DOUGLAS MUTUA MUEMA, JUDITH ADHIAMBO MIGAI, PETER ODHIAMBO OYOO, CAROL KIRAGU, JANE KANYAWARE, SEBASTIAN MBATHA MBITHI, GODFREY OWINO OTIENO, SAMUEL OBOTE ALANGO, FRANCIS MAINA KAMAU, ROBERT NJOROGE NGARUIYA, FREDRICK NYAKWAKA ARWANGO, BONIFACE MUTUA, DOLLY ANYANGO OKENO, ROSE ACHIENG OTUTU, EUNICE WAGIO KARIUKI & MAGDALENE LUCY WANAE V. MUKUA TUTUMA & WACHIRA NDERITU, NGUGI & CO. ADVOCATES

RULING OF THE COURT

This application by notice of motion is made under rules 5(2(b) and 42 of the Court of Appeal Rules. It seeks an order of temporary injunction to issue against the respondents jointly and/or severally to restrain them from evicting the applicants from their individual business and/or residential premises and houses situate on L.R. No. 209/9692 at Huruma Shopping Centre Nairobi pending the final hearing and determination of their intended appeal against the ruling/decision and orders of the superior court in H.C.C.C. (NBI) No. 98 of 2010 delivered on 17^th day of May, 2010.

The application is based on several grounds set out on the face thereof and also on the supporting affidavit sworn to by Sebastian Mbatha Mbithi the 11^th applicant, and filed herein together with the application on 4^th June, 2010.

In a suit by the applicants filed in the superior court against the respondents on 22^nd February, 2010, the former describe themselves as business or residential tenants of…