JAMES KITERIE ALFAYO V. MARGARET C. WAMBETE

RULING OF THE COURT

By way of a Notice of Motion dated 8^th August 2016, the applicant sought the following orders;

1. That this Honourable Court does grant a stay of execution of the judgment and or decree made on 15^th September 2015 and all other consequential orders thereof in Kitale Environment and Land Case No. 78 of 2003.

2. That the Respondent her agents, servants, family members and or any other person acting through the Respondent or claiming an interest through her be restrained from evicting the applicant, his agents, servants and or family members from Plot Number 80, Kitalale Settlement Scheme Phase 1 and or destroying whether by demolition or by burning the applicant’s properties being thereon and or interfering with the status quo obtaining on the said land as at 15^th September 2015.

The application was premised on grounds that the applicant was dissatisfied with the learned judge’s decision and had preferred an appeal to this Court. In the meantime, the applicant was appreh…