RULING
1.Before us is a notice of motion dated 16th February, 2021 in which Julius Kerika (the applicant) prays for orders in the main; that this Court be pleased to stay the execution of the orders made by the Environment & Land Court (ELC) at Makueni (Mbogo, J.) of 23rd December, 2020 pending the hearing and determination of the intended appeal; and that costs of the instant application be provided for.
2.Wilson Kaata is the respondent herein.
3.The application is brought under Rule 5(2) (b) of the Court of Appeal Rules (this Court’s Rules) and is premised inter alia on the grounds: that if stay of execution is not granted, the intended appeal will be rendered nugatory and the applicant will suffer irreparable damage; that the official search conducted at the land registry confirms that the applicant is the registered proprietor of plot 369 Sultan Hamud (the suit property); that the applicant will suffer substantial prejudice if the orders sought are granted; that the application has b…