RULING
Background
Before us is a notice of motion dated 30th September, 2020, in which Mwaura Gitukui Mbembe (the applicant) seeks an order of stay of execution pending appeal of the judgment of the Environment and Land Court (ELC) in Thika (L. Gacheru, J.) dated 30th July, 2020. The application is brought under Rule 5(2) (b) of the Court of Appeal Rules (this Court’s Rules). Simon Kamere is the respondent herein.
The grounds upon which the notice of motion is based are inter alia; that vide a plaint dated 24th June, 2014, the applicant sought that the respondent be ordered to remove the fence erected on Kikuyu/Kikuyu Block1/110 (the suit property). In his statement of claim, the applicant averred that he was the registered owner of the suit property which borders the respondent’s parcel of land; and that in January, 2014, the respondent encroached on the suit property by moving or altering the boundary features.
In response, the respondent filed a defence and a counterclaim and …