JAMES C. BOIT V. JABER MUHSEN ALI & CHELUGOI MOHSEN ALI

RULING OF THE COURT

[1] What is before us is a notice of motion dated 25^th January 2017 that has been lodged by James C. Boit herein referred to as the applicant. The motion has its origin in Eldoret Environment and Land case No. 200 of 2012 in which the applicant was a defendant while Jaber Muhsen Ali and Chelugoi Mohsen Ali the 1^st and 2^nd respondents herein, were the plaintiffs. The suit which involved a dispute over land (hereinafter referred to as the suit property) was determined against the applicant and orders issued for his eviction from the suit property. Being dissatisfied with the judgment the applicant lodged Civil Appeal No 7 of 2015. The applicant also filed Civil Application No. 289 of 2014 (UR 215/2014) for orders of stay of execution of the judgment pending the hearing of Civil Appeal No 7 of 2015.

[2] On 13^th November 2014, Civil Application No. 289 of 2014 was settled when the Court adopted a consent agreed upon by the parties, and made orders as follows:

That applica…