MM V. KH

RULING OF THE COURT

1. By application dated 12^th June 2019 and presented to the Court on the same day, the applicant seeks an order under Rule 5(2)(b) of the Court of Appeal Rules of stay of execution of the judgment of the Environment and Land Court delivered at Mombasa on 20^th September 2018 by which that court allowed the respondent’s suit against the applicant and declared that the property known as Subdivision Number 1723 (Original No. 386/**) Section III Mainland North, which was until then registered in the joint names of the parties, belongs to the respondent solely.

2. In the same judgment, the court ordered the name of the applicant to be expunged from the entries in the lands office and that the applicant be restrained, by permanent injunction, from dealing with or interfering with the property. It was the applicant’s case that the property belonged, jointly, to the applicant and herself, their having purchased it as husband and wife.

3. Urging the application before us, Mr. F…