ROSE NAFUNA WANYAMA V. NUSRA NASAMBU CHIBANGA & AGATON WANYAMA ALIAS MARK

RULING OF THE COURT

[1] By a notice of motion dated 3^rd May, 2017, the applicant, Rose Nafula Wanyama, has moved this Court for orders of stay of execution of the judgment and decree of the Environment and Land Court (Mukunya,J.) issued on 6^th April, 2017. The applicant was the plaintiff in the suit before the Environment and Land Court. The subject of the suit was ownership of a property known as W. Bukusu/E. Siboti/264 (suit property) which she claimed as the sole heir and beneficiary of the estate of her late husband Wayeye Chibanga.

[2] In his judgment, the learned judge dismissed the applicant’s suit, and ordered that the caution she had lodged against the title to the suit property be removed and the suit property be transferred in accordance with the Land Control Board consent. Being aggrieved by that judgment, the applicant filed a notice of appeal and moved this Court for orders of stay of execution of the judgment as aforestated.

[3] In support of the motion, the applicant swor…