YUSUF MWERO MWAZENGELE, ATTORNEY GENERAL & REGISTRAR OF TITLES, MOMBASA V. BENSON BAYA YAA (SUING AS THE ADMINISTRATOR OF OMAR BAKARI YAA (DECEASED)

RULING OF THE COURT

1. UPON perusing the Notice of Motion dated 29th June 2020 by Yusuf Mwero Mwazengele, the 1st applicant, brought under rules 5(2)(b) and 41 of the Court of Appeal Rules, where the 1st applicant is seeking stay of execution of the judgment issued by Olola, J. on 27th May 2020 and all other subsequentorders pending hearing and determination of an intended appeal; and

2. UPON perusing the affidavit of the 1st applicant sworn on 29th June 2020 in support of the application which has not been responded to by the respondent, despite service of the application and a hearing notice upon the respondent’s advocates, M/S K. Lughanje and Company Advocates; and

3. UPON perusing the 1st applicant’s advocate’s submissions where he has stated, inter alia, that the 1st applicant is the registered owner of the property known as Plot No. 80 Mida; that his ownership was challenged by the respondent before the trial court; that the 1st applicant filed a statement of defence; that the hear…