PETERSON MURAGE KARIUKI V. PETER KAMAU KUNG'U, JAMES THENDU GITAU GITHUNGURI CONSTITUENCY RANCHING COMPANY LIMITED, LAND REGISTRAR, THIKA, WILSON MUCHIRI KARAGU & MARGARET WANGUI MUCHIRI

RULING OF THE COURT

Before us is a Notice of Motion dated the 30^th October, 2018, and filed on 6^th November, 2018 although the date stamp on the cover erroneously reads 6^th November, 2017. It is brought under section 3A and 3B of the Appellate Jurisdiction Act Cap 9 (erroneously cited as Cap 8) of the laws of Kenya, Rule 5(2) (b) of the Court of Appeal Rules, 2010, and all other enabling provisions of the law. One substantive relief is sought namely:-

(1) That pending the hearing and determination of the intended appeal, this Honurable Court be pleased to issue an order staying any further proceedings in the Environment and Land Court, Thika case No. 213 of 2017 Peter Kamau Kung’u versus James Thandu Gitau and 5 others.

(2) That the costs of the application be in the cause.”

It is supported by grounds on its body and a supporting affidavit. It has not been formally opposed by any of the named respondents.

On the hearing date, learned counsel Mr. Karei, holding brief for Mr. Patrick Ngunjir…