ALPHONCE KAMAU KIMANI V. JOHN NDIRANGU KAMAU

RULING

1. The Applicant, Alphonce Kamau Kimani, has approached this court by way of a Notice of Motion dated 27th August 2020. In the motion John Ndirangu Kamau is named as the Respondent. The Applicant’s motion was predicated on Rules 5(2)(b), 31 and 42 of the Court of Appeal Rules, 2010. He seeks orders for stay of execution of the ruling delivered on 31st July 2020 in ELC No. 1068 of 2007 by Hon. Justice Okongo, pending the determination of the intended appeal and leave to file an appeal from the judgement dated 30th November, 2003 out of time. In the alternative he seeks an order of status quo pending the intended appeal.

2. Briefly, the dispute herein stems from a judgement dated and delivered on 3rd July 2007 in favour of the Respondent against the Applicant’s father (now deceased) for Kshs. 700,000.00. The Applicant substituted his father in the suit. On 30th December, 2010 the court issued a prohibitory order attaching two parcels of land owned by the Applicant’s deceased father being…