ZACHARY OMONDI ODONGO V. JOASH ONYANGO NYIERO

RULING OF THE COURT

[1] This is an application under Rule 5 (2) (b) of the Court of Appeal Rules, 2010 for an order that the execution of the judgment and decree of the High Court (E. N. Maina, J.) in High Court Succession Cause No. 649 of 2011 delivered on 9^th March, 2017 be stayed pending the hearing and determination of the intended appeal.

[2] The relevant facts to this application as extracted from the judgment of the High Court are as hereunder:

The applicant is the administrator of the estate of Albert Odongo Odhuno (deceased). He is also the son of the deceased. The respondent is a cousin of the deceased.

The deceased was the registered proprietor of land Title No. South Ugenya/Yiro/1671. The deceased had charged the land to the Kenya Commercial Bank as security for a loan advanced to the deceased.

The High Court made a finding that before his death, the deceased had sold the land to the respondent and that part of the proceeds of sale had been used to pay the loan but the deceased…