PAULINE YEBEI & ANOTHER
V.
ESTATE OF KIPROTICH ARAP LETTING REPRESENTED BY ANDREW KIPROTICH KIPRONO

RULING OF THE COURT

Background

1. This is an application by Pauline Yebei and Samuel Kutto expressed to be brought under Order 42, Rule 6 of the Civil Procedure Rules, Rules 1(2), 4, 5(2)(b) and 47 of the Court of Appeal Rules and Article 159(2) (d) of the Constitution of Kenya.

2. The Notice of motion seeks:

1) An order that the execution of the judgment and decree of the Environment and Land Court (Court) made on 25^th June, 2015, be stayed pending the hearing and determination of the intended appeal.

2) An extension of time to file an appeal against the ruling and order of the said court made on 25^th June, 2015.

3. The learned Judge made a declaration that LR No. Chepsiro/Kibuswa Block 1(Kapchelanget/40) (suit property) belongs to Kiprono Philip Leting and that the applicants have no proprietary interest in the same. The Learned Judge also issued a permanent injunction restraining the applicants from cultivating the suit property.

4. The applicants filed a Notice of Motion dated 23^rd March…