Nyangate Guto v. Maxwell Okemwa Mogere & National Bank of Kenya Limited

RULING OF THE COURT

In his notice of motion dated the 16^th May, 2011 and lodged in the Court on the 23^rd May, 2011, Nyangate Guto alias Watson Mogere Mogoko, hereinafter, “the applicant”, asks the Court for two basic orders, namely that:- “1. Pending the lodging, hearing and determination of the intended Appeal in the Court of Appeal the 1^st and 2^nd Respondents be restrained whether by themselves or by their agents, servants or otherwise howsoever from advertising, offering for sale, leasing, mortgaging, charging, transferring, assigning or taking possession of and/or otherwise dealing with the property L.R. NO. 209 Section III Nairobi.2. Pending the lodging, hearing and determination of the intended appeal in the Court of Appeal, there be a stay of execution of the Decree for the payment of costs to the 1^st and 2^nd Respondents and the proceedings in that regard.” The 1^st respondent is Maxwell Okemwa Mogere; he is the son of the applicant. The 2^nd respondent is the National Bank of Ken…