RICHARD MEMBO GUYA T/A RAMOGI CHEMIST & 3 OTHERS
V.
CHARLES CHOG NJOROGE & ANOTHER

RULING OF THE COURT

The applicants herein have moved this Court by way of Notice of Motion application pursuant to Rules 5(2)(b) of the Court of Appeal Rules, 2010 seeking the following orders:-

“1. Spent

2. Spent

3. THAT upon inter partes hearing this Honourable Court be pleased to issue an order of stay of execution of the Ruling/order dated 28^th September, 2016 pending the lodging, hearing and determination of the intended appeal to be filed by the Applicants.

4. THAT pending the lodging, hearing and determination of the applicants intended appeal there be a stay of all further proceedings in Kisumu HCC ELC Case No. 15 of 2015.”

The dispute between the parties revolves around land parcel known as Kisumu Municipality Block 4/883 (hereinafter the 'suit property') to which both parties claim rights. Before the High Court, the respondents, by an application dated 26^th January, 2016, sought eviction orders against the 1^st applicant from the suit property and the demolition of the structures c…