JACKTON OGULA ADUOGO
V.
FRANCIS ODHIAMBO OTURU (SUING AS THE ADMINISTRATOR OF THE ESTATE OF THE LATE SAMWEL OTURU ADUOGO)

RULING OF THE COURT

[1] This is a ruling in a notice of motion dated 24^th October, 2018. The motion is brought under Rule 5(2)(b) of the Court of Appeal Rules, section 3A and 3B of the Appellate Jurisdiction Act and Article 159 of the Constitution of Kenya.

[2] The applicant Jackton Ogula Aduogo seeks, inter alia, an order of stay of execution of the decree and judgment dated 22^nd November, 2017 issued by the Environment and Land Court (Kibunja J.) pending the hearing and determination of an appeal that the applicant intends to pursue against the judgment. The application is anchored on grounds stated on the motion as well as an affidavit that has been sworn by the applicant. The applicant has also availed a copy of a notice of appeal that is dated 1^st December, 2017 and lodged in the Environment and Land Court on the 7^th December, 2017 against the judgment as well as a memorandum of appeal that is dated 19^th January, 2018 in regard to the same judgment.

[3] In supporting the motion, Mr.…