RULING
A. INTRODUCTION
[1] The application before the Court is by way of Notice of Motion dated 18th August, 2014, brought under certificate of urgency. In summary the applicant seeks Orders that:
the intended appeal be held to involve weighty issues of law, and of general public importance;
leave be given for an appeal to this Court, from the Judgment and Order of the Court of Appeal;
stay of further execution be granted; and a temporary injunction and conservatory Orders be granted, to restrain the respondent from executing the decree issued in the Chief Magistrate’s Court, in Nyeri Civil Case No. 787 of 2002, on 14th June, 2004; and from taxing his costs at the Court of Appeal in Civil Appeal No. 3 of 2014;
the cost of the application be borne by the respondent.
B. BACKGROUND
[2] It is averred, in this matter, that in the year 2001, the respondent illegally attempted to acquire public land. It is alleged that the members of public demolished the timber structures which the respondent had p…