Hubert L. Martin, Cyril Odendo ,Facet Khaemba (Suing As Officers Of The Church Of God Of Prophecy) Vs Margaret Kamar, Damaris Lenayara ,Eileen Kendagor & Mary Kaparo (Suing As Trustees Of Rift Valley Maendeleo Ya Wanawake Organisation) [2002] KECA 200 (KLR)

IN THE COURT OF APPEAL AT NAKURU

CORAM: GICHERU, SHAH & BOSIRE, JJ.A.

CIVIL APPLICATION NO. NAI 263 OF 2001 (143/01 UR)

BETWEEN

HUBERT L. MARTIN

CYRIL ODENDO

FACET KHAEMBA

CHURCH OF GOD OF PROPHECY ..... APPLICANTS

AND

MARGARET KAMAR

DAMARIS LENAYARA

EILEEN KENDAGOR

MARY KAPARO (Suing as Trustees of               RIFT VALLEY MAENDELEO YA WANAWAKE      ORGANISATION) ... RESPONDENTS

Application for stay of execution in an intended appeal from the ruling and order of the High Court of Kenya at Nakuru (Rimita J) dated 15th June, 2001 in H.C.C.C. NO. 473 OF 2000) **************

RULING OF THE COURT

This is an application for an injunction brought under rule 5 (2) (b) of the Rules of this Court . The dispute between the parties in the application concerns property to which both have certificates of title and each of them claims to have a better title to it than the other. The superior court declined to grant a temporary injunction to the applicants against the respondents on the ground that the applicants lacked the locus standito hold landed property, and also on the ground that the respondents, although their title is later in time to that of the applicant, had a better title to the property in dispute. The applicants intend to appeal against that decision and have lodged a notice of appeal, and pray that they be granted an injunction pending the lodgment and determination of the intended appeal.

Counsel for the respondents concedes that the intended appeal is arguable and prays that, if we are minded to grant the injunction prayed for then it should be on terms that the status quo on the property be maintained pending the determination of the intended appeal. Counsel for the applicants being agreeable the order that commends itself to us is to grant the application dated 15th June, 2001 and order that an injunction issues restraining the respondents by themselves and or their agents from trespassing onto or interfering with parcel No. NAKURU MUNICIPALITY/BLOCK 16/219until the final determination of the applicants' intended appeal. The applicant to stop further development of the property within the same period. The costs of the application shall be in the intended appeal.

Dated and delivered at Nakuru this 21st day of February,

2002.

J. E. GICHERU

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JUDGE OF APPEAL

A. B. SHAH

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JUDGE OF APPEAL

S. E. O. BOSIRE

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JUDGE OF APPEAL

I certify that this is a

true copy of the original.

DEPUTY REGISTRAR