JACKSON SIRKEN MASAI AKA JACKSON MASAI & ANOR. V. MARY JACKSON MASAI & ANOR.

RULING

Background

1) Before us is a notice of motion dated 9th December, 2020 in which Jackson Sirken Masai aka Jackson Masai (the 1st applicant) and Jackson Mnangat Yaralima (the 2nd applicant) pray for orders in the main: that this Court be pleased to stay orders of Njoroge, J. dated 1st December, 2020 in Kitale ELC Case No. 31 of 2020 pending the hearing and determination of the intended appeal; and that costs of this application be in the cause.

2) Mary Jackson Masai, and The County Land Registrar, West Pokot are the 1st and 2nd respondents respectively.

3) The application is brought under Rule 5(2) (b) of the Court of Appeal Rules (this Court’s Rules) and is premised inter alia on the grounds that: the 2nd applicant is the registered owner of Title Number West Pokot Keringet A/370 (the suit property) having purchased it from the 1st applicant; that the 2nd applicant is in possession of the suit property; that the Environment and Land Court (ELC) in its ruling dated 28th July, 2020 gr…