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….…………..RESPONDENT (Application for stay of execution pending an appeal in the High Court at Nairobi, Bosire J) JUDGMENT In form this is an application for an interlocutory injunction under Rule 5(2) (b) of the Rules of the…

…The usual rule is that an injunction is granted to preserve the subject-matter pending the hearing and the determination of the action so that the rights if any of an appellant are safeguarded to prevent the appeal, if successful…

…In my view, that decision is clearly distinguishable from the facts obtaining in the present case.Here, an application for an injunction had been made to the learned Judge and he held "the application for injunction based…

…The Judge, therefore, specifically dismissed the application for an injunction which had been made to him, under Order XXXIX of the Civil Procedure Rules.…

…Together with the application, they lodged an application under a certificate of urgency for an injunction to restrain the defendants from interfering with the suit property or levying any distress thereon.…