RULING OF THE COURT
1. This is an application under rules 1(2) and 5(2)(b) of the Court of Appeal Rules, 2010. The applicant seeks stay of execution of the judgment and decree of the Environment and Land Court delivered on 23rd May, 2019 pending filing, hearing and determination of an intended appeal.
2. According to the applicant, in December, 2004 he purchased a property known as L.R No. 209/12116/17 (“the suit property”) from the 2nd respondent and paid the entire purchase price. The 2nd respondent subsequently executed a transfer of the suit property in favour of the applicant sometimes in 2004. The applicant proceeded to develop the suit property at a cost of more than Kshs.50,000,000/=.
3. Earlier on in 1994, the 1st respondent entered into an agreement with the 2nd respondent for the purchase of the suit property at an agreed price of Kshs.375,000/=. The 1st respondent paid 10% deposit of the purchase price. The 2nd respondent serviced the plot and increased the price to Kshs.500,…