RULING
This is the ruling in respect of the Application for an Order for Stay of Execution of the judgment of this Court pending appeal. The said judgment is dated 21st day of October 2016. According to the defendant/applicant he is aggrieved and dissatisfied with the said judgment of this Court and has filed a Notice of Appeal. The grounds for this application as contained in the affidavit in support filed on 30/12/16 are as follows:
“4. That the Honourable Court depended only on what the court considered to be fraud and based the entire judgment on this
5. That the court did not consider the fact that the Plaintiff who did not possess a stamped and registered indenture was given an opportunity in an earlier trial between the parties to prove the Plaintiff’s title to the disputed land and even though Plaintiff entered appearance, Plaintiff failed to prove his title.
6. That the Honourable Court also failed to consider that the earlier trial between the same parties deal…