YELLOW HORSE INNS LTD V. NDUACHI COMPANY LIMITED, CITY COUNCIL OF NAIROBI & JOHN KICH AYIECHO

RULING OF THE COURT

Before us is an application by way of notice of motion expressed as having been brought “Under Rules 5(2)(b) and 42 of the Court of Appeal” in which the applicant, YELLOW HORSE INNS LTD. seeks the following orders:-

“1. THAT this application be heard urgently and on priority basis.

2. THAT this Honourable Court be pleased to order a stay of execution of the order of the superior court made on 30^th November, 2010 effectively ordering the preservation of the suit property known as L.R. No. 209/11803/2 in the name of the 2^nd Respondent so as to stop the 2^nd Respondent from dealing and/or interfering with the same in any manner whatsoever pending the hearing and determination of the intended appeal.

3. THAT an urgent injunction do issue forthwith restraining the Respondents by themselves, their agents, servants and/or employees or any other person or group of persons purporting to act on their behalf from alienating, entering into, subdividing, taking possession and/or i…