Ruling
The application before us is a notice of motion dated November 5, 2021 brought pursuant to rule 5 (2) (b) of the Court of Appeal Rules (Rules). Order 1 and 2 are moot. In order 3 the applicant seeks that pending hearing and determination of the appeal from the judgment of the ELC (Munyao Sila, J) in ELC Case 70 of 2015 as consolidated with ELC 252 of 2012 (OS) there be stay of execution and injunction, restraining the respondent from executing the judgement and orders of the aforesaid cases and in particular from developing or selling the land plot No 1956/337 CR No 35001, in Voi Municipality.
The background to the application arises from a dispute over plot No 1956/337 CR No 35001, in Voi Municipality. The applicant claimed to be entitled to the suit land by way of adverse possession in the case he filed, ELC 252 of 2012 (OS) as against the respondent. The respondent on his part filed Msa ELC case No 70 of 2015 seeking vacant possession of the suit land from the applicant, gener…