RULING OF GITHINJI, JA
I have had the advantage of reading the Ruling of O’Kubasu JA in draft and I agree that the application should be allowed on terms proposed by him.
I have nothing useful to add.
Dated and delivered at Nairobi this 18th day of April, .2008
E. M. GITHINJI
JUDGE OF APPEAL
I certify that this is a true copy of the original.
RULING OF O’KUBASU, J.A.
This is an application by way of notice of motion expressed to have been brought under Rules 5(2)(b) and 47 of the Court of Appeal Rules seeking one main relief:-
“THAT the order given by the Hon. Justice Okwengu on 7th March, 2008 discharging the injunction order made on 4th December, 2007 by Hon. Justice Azangalala be stayed pending the hearing and determination of the Applicant’s appeal.”
The application was based on the following grounds:-
“a) The superior court on 7th March, 2008 (Hon. Lady Justice Okwengu) discharged an earlier order made on 4th December, 2007 without considering th…