JUDGMENT
The dispute ultimately giving rise to this appeal has a long history. The respondent had filed Kisumu High Court Civil Suit No. 143 of 2004 (hereafter ‘HCCC No. 143 of 2004’) in which she sought vacant possession of L.R. No. Kisumu/Municipality Block 3/92, general damages for trespass, mesne profits and the costs of the suit against the appellant. The respondent had purchased the suit property at a public auction following the appellant’s failure to repay a loan, and the chargee had exercised its statutory power of sale. The appellant had filed a defence and counter claim in which it alleged that the suit property had been illegally transferred to the respondent.
Pursuant to an application by the respondent, the court (Nambuye J, as she then was), in a ruling dated 1st August 2011, allowed the respondent’s application and struck out the appellant’s defence and counterclaim. An application to this Court under Rule 5(2)(b) of the Court of Appeal Rules for stay of the decision of …