RULING OF THE COURT
This is an application under Rules 57(2), 83 and 84 of the Court of Appeal Rules, 2010 for orders that the notice of appeal filed by the respondent be struck out and further that the order of stay of execution granted on 23rd October, 2012 be vacated. The application is supported by the affidavit of the applicant and the annexed documents.
The application is opposed by the respondent who has filed a replying affidavit, to which various correspondence was annexed.
The dispute in the High Court related to the ownership of Land Reference No.Dagoretti/Riruta/S.15. The land was registered in the name of Beatrice Njeri Mungai. Upon her death in 1993, the respondent who is a son of the deceased caused himself to be registered as proprietor in 1996 through transmission. The applicant who had been in possession of the land, as the High Court found, since 1985 filed a suit HCCC No.2091 of 1998 (O.S.) against the respondent claiming the land by adverse possession. The respondent…