TOBIAS ONYANGO KICHULA & MARY KICHULA V. SAMUEL OLER KICHULA (SUING AS THE ADMINISTRATOR OF THE ESTATE OF THE LATE PHILEMON KICHULA PONDO, LUCAS OKOTH KICHULA, ELISHA OCHIENG KICULA, EDWARD AKONG'O OYUGI, ESTATE OF PHILIMON KICHULA PONDO & MIGORI MUNICIPAL COUNCIL

RULING OF THE COURT

We are asked in the Motion dated 22nd June, 2020 brought under Sections 3A and 3B of The Appellate Jurisdiction Act and Rule 5(2) (b) of the Rules of this Court to stay execution of the Judgment of the High Court of Kenya at Migori (Mrima, J.) dated 15th October, 2019 pending hearing of the Motion and hearing of an intended appeal. In grounds in support of the Motion and in a Supporting Affidavit of Mary Kichula (the 2nd applicant) it is said that the respondents took out an Originating Summons in High Court of Kenya at Migori being HC Misc. Civil Application No. 274 of 2018 claiming a plot Number 82, Migori Municipality which was registered in the name of her late husband Philimon Kichula Pondo; that she had challenged the claim as she had a right to inherit the plot; that the matter should have been heard by the Environment and Land Court, not the High Court; that Judgment was entered for the respondents who then demanded rentals from tenants on the plot. The appl…