CAROLINE AWINJA OCHIENG & ANOTHER
V.
JANE ANNAN MBITHE GITAU & 2 OTHERS

RULING OF THE COURT

By a Notice of Motion dated 15^th May 2015 lodged pursuant to Rules 5(2)(b), 41 and 47 of the Rules of this Court the applicants are seeking inter alia stay of execution of the judgment delivered by the Land and Environment Court at Nairobi on 7^th May 2015 pending the hearing and determination of an intended appeal.

The suit property in dispute between the applicants and the 1^st respondent is an unregistered land being Plot No. C255 also known as Kayole Plot No. 242. Both parties claim ownership of the same plot of land.

The applicants claim is that they purchased the plot in November 2008 from one Martin Kitambi Robert for Kshs.180, 000/= and took possession of the property. The 1^st respondent claims to be the owner of the disputed property since 2001 and that she had been allocated the plot by the 3^rd respondent, the City Council of Nairobi. The 3^rd respondent’s case is that the applicant was allocated a plot already owned by the 1^st respondent. The 3^rd respondent’s …