PETER O. NGOGE T/A O. P. NGOGE & ASSOCIATES ADVOCATES V. COFFEE BOARD OF KENYA & VALUERS LTD

RULING OF THE COURT

On 24^th February 2011, the High Court (Mwera J, as he then was) dismissed with costs the applicant’s application presented to that court on 7^th December 2010. In that application, the applicant sought a temporary injunction to restrain the respondents from interfering with his quiet possession and peaceful occupation of premises situated on 4^th floor of the building erected on LR No. 209/6545 Nairobi (“the premises”) or from levying distress on the premises pending the hearing and determination of his suit.

Aggrieved by the decision of the High Court the applicant lodged a Notice of Appeal. Pending the hearing and determination of the intended appeal the applicant presented a Notice of Motion dated 2^nd March 2011 to this Court under Rules 1 and 5(2)(b) of the Rules of the Court seeking orders: to stay execution of the Ruling and orders given by the High Court on 24^th February 2011; to stay further proceedings in the High Court; to restrain the respondents and their a…