RULING OF THE COURT
By his application dated 22nd July 2015, the applicant sought in the main one order from this Court. He prayed that this Court grants him a stay of execution of the judgment and decree issued by Angote, J. in Malindi on 15th May, 2015 pending the hearing and determination of the appeal that he intends to lodge. The application was expressed to have been brought pursuant to Rules 5(2) (b), 42(1) (2) and 49(1) of this Court’s Rules, and all other enabling provisions of the law. The application was premised on grounds set out in the body of the application and supported by an affidavit sworn by the applicant on 22nd July 2015 to which we shall revert to later in this ruling.
In summary, the background facts to this dispute as can be gleaned from the record are as follows; the applicant instituted in the Senior Resident Magistrate’s Court at Kilifi, a suit alleging that he was the registered and beneficial owner of all that piece or parcel of land known as Kilifi/Mtwapa/…