REPUBLIC OF KENYA
IN THE SUPREME COURT OF KENYA AT NAIROBI
(Coram: Rawal, DCJ; Tunoi, Ojwang, Wanjala and Ndungu, SCJJ)
PETITION NO. 33 OF 2014
BETWEEN
JOHNSON GITHAIGA MWANIKI...................................PETITIONER
AND
DANIEL GITHAIGA MWANIKI.....................................RESPONDENT
(Application for leave to appeal to the Supreme Court from the Judgment of the Court of Appeal at Nyeri ( Visram, Kairu and Otieno-Odek, JJA) delivered on 28th May 2014)
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 iss…