RULING
1.By way of a notice of motion dated 6th May, 2020, Flavemart Enterprises Limited (the applicant) seeks orders that:
a. an order of stay of execution do issue staying the execution of the judgement and decree of Olao, J. dated at Bungoma on 30th October, 2019, delivered by Ombwayo, J. at Kisumu on 15th November, 2019 the Environment and Land Court ELC Case 48 of 2013, pending inter partes hearing of the appeal.
b. That the costs of this application be provided for.
2.In this motion that is filed under Rule 5(2)(b) of the Court of Appeal Rules (the Rules of this Court), Kenya Railways Corporation is the respondent herein.
3.The background to the application is that the applicant filed suit in the ELC claiming to be the registered proprietor and/or grantee of the land parcel known as Kisumu Municipality Block 11/7 (the suit property)having acquired the same on 11th March, 2011; that in February, 2013 the respondent without the applicant’s authority or consent, under the misguided beli…