NYAHURURU D.E.B. PRIMARY SCHOOL THROUGH ITS EXECUTIVE OFFICIALS NAMELY JOHN ALUMA EKAI, MARY NJERI MUNENE & GERALD NDUHIU V. CATHERINE WANGUI KARIUKI

RULING OF THE COURT

The applicant’s Notice of Motion dated 25^th September, 2014 seeks, pending hearing and determination of an intended appeal, stay of execution of the orders given on 20^th June, 2014 in E.L.C. No. 329 of 2012, Nakuru (Waithaka, J.).

The application was supported by an affidavit sworn by Mary Njeri Munene, the Executive Secretary of the Management Committee of Nyahururu D.E.B. Primary School, hereinafter referred to as “the school”. The school was the defendant in the aforesaid suit that was instituted by the respondent seeking the following orders:

“a) A declaration that the leasehold interest in title number Nyandarua/Nyahururu Municipality Block 6/650 hereinafter referred to as (“the suit land”) manifests in her absolutely.

An interim order of injunction restraining the defendant either by itself, its agents, servants or anybody claiming either under it or in its names from in any manner whatsoever interfering with the suit land pending the hearing and determination of…