REAL ENERGY LIMITED V. NATIONAL OIL CORPORATION OF KENYA LIMITED

RULING OF THE COURT

1. UPON perusing the Notice of Motion dated 29th May 2020 by the applicant brought under sections 3, 3A and 3B of the Appellate Jurisdiction Act and rules 5(2)(b) and 47 of the Court of Appeal Rules, where the applicant seeks an injunction to restrain the respondent, its servants and/or agents from taking over premises known as L.R 209/6776, Ngong Road, Nairobi, (“suit premises”) leasing or evicting the applicant pending the lodging, hearing and determination of an intended appeal from the order/decree and judgment of the High Court in Environment and Land Court Civil Appeal No. 54 of 2016 delivered by Obaga, J. on 7th May, 2020 as well as an order of stay of execution of the said judgment pending hearing and determination of an intended appeal; and

2. UPON reading the affidavit of Rajab Ahmed Karume sworn on 29th May 2020 in support of the application; and

3. UPON perusing the replying affidavit of Lilian Waweru, sworn on 25th June 2020 on behalf of the respondent; a…