MOHAMED SHAHID MOUGHAL V. MICHAEL MOOKE KIKAYE, LAND REGISTRAR KAJIADO, NATIONAL LAND COMMISSION, ATTORNEY GENERAL, ESTATE OF LEKERRA OLE KIKAE & ESTATE OF LEKERA KIKAE REIPA

RULING OF THE COURT

1. The applicant, Mohammed Shahid Moughal, has applied by notice of motion dated 19^th March 2020 for orders of stay of execution of the judgment and decree of the Environment and Land Court at Machakos in ELC Case No. 753 of 2017 delivered on 10^th March 2020 dismissing his suit and restraining him from interfering with “resultant subdivisions of land parcel number Kajiado/Ildamat/3” which the applicant claims to have purchased. The application is made under Rule (5)(2)(b) of the Court of Appeal Rules. He also seeks an order to restrain the Land Registrar, Kajiado, the 2^nd respondent, from effecting any transaction on the said property pending the hearing and determination of the intended appeal from the said judgment. A notice of appeal was duly filed on 10^th March 2020.

2. In his affidavit sworn on 19^th March 2020 in support of the application, the applicant deposes that he entered into three separate agreements with the 1^st respondent for the purchase of the proper…