[1] On 16 June 2008 this court granted the appellant leave to appeal against the decision of the court of Appeal in Civil Appeal No B-02-540-2007 on the following questions:

(a) whether as a matter of law the court of Appeal can pursuant to s 44 of the Courts of Judicature Act 1964 , order or direct the land registrar or land administrator to enter a registrar's caveat under s 417 of the National Land Code 1965 in the following circumstances:

(i) in the absence of a final judgment or order of the court; and/or

(ii) where the High court in the subject matter of the appeal had ordered that the respondent's application to reinstate and extend the respondent's private caveat be dismissed with costs; and/or

(iii) where such an order had not been expressly or specifically sought in the written application before the court of Appeal;

(b) whether as a matter of law the court of Appeal can make orders under s 44 of the Courts of Judicature Act 1964 which in effect renders the appeal nugatory or academic and/or is made pending the disposal of another suit which is not the subject matter of the appeal; and

(c) whether as a matter of law and justice the court of Appeal can