MARGARET WANJIKU CHEGE V. DANIEL KIPKEMBOI KIBET, DAVID KIBITOK KEMBOI, JULIUS RKIMELI, JOSEPH RONO, KIPKEMBOI KOGO, KIPTOO BARGETUNY, BERNARD KITARIA & TAMARTA CHEBICHII & 7 OTHERS

RULING OF THE COURT

This application by notice of motion dated and filed in this Court on 12^th April, 2010 is made under rules 5(2)(b) and 42 of this Court’s Rules. It seeks the following prayers:

“1. THAT there be a stay of any further proceedings in Kitale HCCC No. 55 of 2009 while (sic) pending the hearing and determination of the appeal filed on 23/3/2010 as Court of Appeal at Eldoret No. 5 of 2010.

2. THAT the respondents be injuncted from interfering with the applicants user of the suit property and which measures 132.5 acres and the same being part of L.R. No. 1800/3 while (sic) pending the hearing and determination of the appeal filed on 23/3/2010 at Court of Appeal at Eldoret No. 5 of 2010.

The application is based on the grounds set out on the body thereof and also on the averments deponed to by the applicant in the supporting affidavit. The grounds on the face of the application state that in a ruling delivered by the superior court (Ombija, J.) on 1^st February, 2010 the appl…