STEPHEN BORO GITHIA V. NICHOLAS RUTHIRU GATOTO, NDARUGU MERCHANTS & RURAL URBAN CREDIT FINANCE (UNDER RECEIVERSHIP)

RULING OF THE COURT

By his motion taken out on 19^th June 2014 under Rule 5 (2) (b) of the Rules of this Court and Sections 3A and 3B of the Appellate Jurisdiction Act, Cap 9, the applicant STEPHEN BORO GITIHA seeks from this Court the following orders:-

“1. THAT there be a stay of the implementation of the decision of the order of cancellation of the sale of L.R. No. KIGANJO/KIAMWANGI/208 and restoration of the original thereon (sic).

2. THAT any other preservatory order for the preservation of the status quo on the ground to issue as may be just in the circumstances.

3. THAT the cost of the application be provided for.”

The motion bears on its face a number of grounds aimed at demonstrating that the applicant has an arguable appeal which would be rendered nugatory, absent relief. It is also supported by the applicant’s affidavit expressed as sworn on the said 19^th June 2014.

The gist of the applicant’s case from the motion and the submissions of Ms. Rashid, his learned advocate, is that he…