AYAGA SANGALE V. MARY KHASONA SHIBIRO

RULING

1. On 23rd February 2021, the Environment and Land Court (ELC) (N.A. Matheka, J), in Kakamega ELC 501 of 2014, delivered a judgment in which she declared the plaintiff Mary Khasona Shibiro (Mary), as the owner of land parcel number Tiriki/Shamakhokho/1103 (suit property), by virtue of adverse possession, and ordered Ayaga Sangale (Sangale) who was the 2nd defendant in the suit, to transfer the suit property to Mary within 90 days and in default the Deputy Registrar to sign the transfer documents

2. Sangale has filed a notice of appeal and moved this Court by way of a notice of motion dated 8th March, 2021, under Rule 5(2)(b) of the Court Rules for orders of stay of execution of the Judgment and Decree of the ELC pending the hearing and determination of an intended appeal to this Court against the Judgment. Sangale further seeks orders of injunction restraining the Deputy Registrar from signing the transfer documents to effect transfer to Mary pending the hearing and determination of th…