COUNTY GOVERNMENT OF UASIN GISHU & C.E.C LAND HOUSING & PHYSICAL PLANNING UASIN GISHU COUNTY V. RAVINDRA RATILAL TAILOR (SUING AS THE TRUSTEE OF UASIN GISHU ARTS SOCIETY OF ELDORET), DAYA SINGH LAHB KALSI (SUING AS THE TRUSTEE OF UASIN GISHU ARTS SOCIETY OF ELDORET), NARINDER SINGH LOCHAB (SUING AS THE TRUSTEE OF UASIN GISHU ARTS SOCIETY OF ELDORET) & UASIN GISHU ARTS SOCIETY OF ELDORET (SUING AS THE TRUSTEE OF UASIN GISHU ARTS SOCIETY OF ELDORET)

RULING OF THE COURT

1. The applicants have moved this Court under Rule 5(2)(b) of the Rules of the Court to stay an order made by the Environment and Land Court at Eldoret on 18^th August 2016 in Eldoret E&LC Case Number 220 of 2016 reinstating possession of the property known as Title Number Eldoret Municipality Block 13/22 to the 4^th respondent prior to hearing the parties inter partes on a motion to that effect. The applicants also seek an order to stay proceedings in that suit pending the hearing and determination of the intended appeal.

Background

2. The 1^st to 3^rd respondents say that they are the trustees of the 4^th respondent (the Society). Their case before the ELC is that the Society was the registered proprietor as lessee of the property known as Title Number Eldoret Municipality Block 13/22 of a lease for a term of 49 years from 5^th May 1959 and that the Society has been in possession and occupation since that time; that upon expiry of the lease the Society applied for renewal…