OTIENO V. OUGO & ANOTHER (NO 2)

JUDGMENT

In form this is an application for an interlocutory injunction under Rule 5(2) (b) of the Rules of the Court. We find no difficulty in disposing of the application on the basis of the established practice of this court as evidenced in the decision in Maheschandra Shamjibhai Gheewala v. Aruna B Gheewala and others , Civil Application No Nai 127 of 1986 and M M Butt v. Rent Restriction Tribunal , Civil Application No Nai 6 of 1979. The usual rule is that an injunction is granted to preserve the subject-matter pending the hearing and the determination of the action so that the rights if any of an appellant are safeguarded to prevent the appeal, if successful, from being nugatory. There are no special circumstances which would cause us to decide differently because, fortunately, the body can be preserved for another two months or so and hence there is no necessity to risk exhumation.

The point taken by Mr Kwach on behalf of the respondents is that the applicant ought to proceed exp…