JOHN MBOGUA GETAO V. SIMON PARKOYIET MOKARE, KAREMPU KAATA, NKAMA GROUP RANCH, CHIEF LAND REGISTRAR & ATTORNEY GENERAL

RULING OF THE COURT

[1] UPON perusing the amended Notice of Motion application dated and lodged in the Registry on 24^th May, 2018 and filed under certificate of urgency for leave to lodge and serve an appeal out of time and for stay of execution against the decree and orders of the Environment and Land Court (Hon. J.M. Mutungi, J) made on 25^th September, 2014 in ELC Civil Misc No.929 of 2012 pending the hearing and determination of the applicant’s intended appeal against the entire judgment and orders of the Court of Appeal made on 1^st December, 2017 in Civil Appeal No. 361 of 2014. In the alternative, the applicant prays for an order that there be status quo prevailing prior to the ELC judgment of 25^th September 2014. The application is premised on Article 159(2)(d) and 163(4) of the Constitution, sections 3, 21(2), 24(1) of the Supreme Court Act, Rules 3 and 53 of the Supreme Court Rules, 2012; and

[2] UPON reading the applicant’s supporting affidavit sworn on 24^th May, 2018; and the …