RULING OF THE COURT
1. Before us is a Notice of Motion under certificate of urgency dated 12th March, 2015 brought pursuant to rules 5(2)(b) and 47 of the Court of Appeal Rules seeking, inter alia, a stay of execution of the whole judgment and decree delivered on 12th February 2015 by Mutungi, J in the Environment and Land Court. The application is supported by the affidavit of the applicant herein.
2. The genesis of this application is that the plaintiff (the respondent herein) vide a Plaint dated 11th January, 2002 filed in the High Court at Nairobi sought, inter alia, eviction orders against the defendant (the applicant herein).
The respondent averred that she is the owner of LR KARAI/GIKAMBURA/2275 (the suit property); that on or about January, 2001, the applicant wrongfully entered and remained onto the suit property where he built a house and cultivated thereon, thereby depriving her the use thereof; and that the applicant was unlawfully in occupation of the suit property despite d…