SULTAN HASHAM LALJI V. SIMBA HILLS FARM LIMITED, ABDULAZIZ KANJI, MADATALLY SIDI, JAMES KIMOSBEI TUWEI, ISSAC CHEPSIROR & SYLVESTER BIWOTT

RULING OF THE COURT

By the motion dated 25th June 2020 brought under Rule 5(2)(b) of our rules, the applicant seeks, principally, an order of stay of execution of the judgment of the Environment and Land Court (Odeny, J.) issued on 4th March 2020, pending the hearing and determination of an appeal.

The motion is supported by the affidavit of Sultan Hasham Lalji sworn on 25th June 2020, and is predicated on grounds on its face to the effect that the applicant does have an arguable appeal and, unless this Court grants the stay sought, the said appeal will be rendered nugatory. In particular, he is the registered proprietor of the piece of land known as L.R No. 8304, Eldoret North in Moiben measuring 1680 acres, which the learned Judge ordered transferred to the 1st respondent, an order he is aggrieved by as being erroneously made. Such transfer if effected would see the suit property transferred to third parties, charged or otherwise disposed of to his great prejudice thereby rendering th…