PETER O NGOGE & ASSOCIATES ADVOCATES V. COFFEE BOARD OF KENYA, CRYSTAL VALUERS LIMITED & RACHIER & AMOLLO ADVOCATES

RULING

A. INTRODUCTION

[1] The petition before the Court is an appeal against a Ruling of the Court of Appeal dated 3^rd October, 2014 in which the Appellate Court dismissed the petitioner’s application, seeking Orders of stay of execution against a Ruling of the High Court. The application had also sought further Orders to restrain the respondents and their auctioneers from interfering with the petitioner’s occupation of the subject premises. In response to the petition, the respondents filed a notice of preliminary objection dated 30^th January, 2015 contesting this Court’s jurisdiction to entertain the petitioner’s appeal. The said objection is the subject of this Ruling.

B. BACKGROUND

(a) At the High Court

[2] The appellant made an application to the High Court on 7^th December, 2010 seeking a temporary injunction to restrain the respondents from interfering with his quiet possession and peaceful occupation of the premises, or levying distress on the premises, pending the hearing and dete…