RULING OF THE COURT
1. In a judgment delivered on 24th April 2020 in ELC Case No. 226 of 2017, the Environment and Land Court at Machakos (O.A. Angote, J.) upheld the 1st respondent’s title to the property known as L.R. No. 18469 by declaring that a Grant No. IR 72481 issued to the 1st respondent is the valid and genuine title over the property. In the same judgment, the ELC declared that Grant No. IR 71611 in respect of the same property held by the applicant is fraudulent, invalid, null and void. The court ordered and directed the applicant and all those claiming under it to vacate the property within 60 days or face forceful eviction.
2. Intending to challenge that judgment on appeal to this court, the applicant has filed a notice of appeal. It has also filed the present application, dated 18th May 2020, under Rule 5(2)(b) of the Court of Appeal Rules. It seeks an order for stay of execution of that judgment pending the hearing and determination of the intended appeal.
3. It is the ap…