JUDGMENT
August 9, 1985, Gachuhi J delivered the following Judgment.
Batholomew Muyale filed a Notice of Motion before this court for stay of execution against the order of the High Court (Aganyanya J) dated April 15, 1985 dismissing his application for stay of execution. In his affidavit in support of the application, he refers to the fact that he has filed a High Court civil suit against Kenya Commercial Bank Ltd; in a bid to recover his land, which was sold by the Bank by way of public auction.
I have had the advantage of looking at the High Court file at Kakamega being Civil Suit No 13 of 1979. It is the suit filed by Shem Nyambasi Mulefu and Elija Nandi Chikamai against the applicant for injunction, eviction and general damages. The defendant having filed his defence an order by consent was recorded on September 25, 1979 before Cotran J (as he then was), as follows:
“By Consent:
The defendant to leave parcel No South Kabras/Bukusu/952 within 6 months from today. Liberty to defendant t…