RULING OF THE COURT
By a notice of motion dated 8th August, 2019 and supported by an affidavit of the applicant, Sakayo Mwimbi sworn on even date, the applicant has sought orders for stay of execution of judgment of the Environment and Land Court (Angote, J) pending the hearing and determination of the appeal. The applicant also filed written submissions.
The motion was premised on the grounds that the Environment and Land Court had on 29th March 2019 dismissed his appeal and upheld the decision of the trial magistrate’s court ordering the eviction of the applicant’s family having found that the trial court was right in finding that the respondent’s father, Katumi Ivuti was the owner of the disputed parcel of land situated in Simisi sub-location, Kanziko location. The applicant’s complaint was that despite his mother and his entire family having resided on the disputed parcel for many years, the respondent had, following the judgment, since constructed a perimeter fence around the land …