1. The four applicants/appellants through Wambua Kigamwa and Company Advocates commenced an application by way of Notice of Motion dated 6th November 2025 seeking principally, that pending the hearing and determination of the appeal herein there be stay of execution of the judgment/decree delivered on 29th August 2025 in Kapsabet Chief Magistrate ELC No. 68 of 2029 Chepkazi Chumba & David Cheruiyot Rugut (Acting as the personal representative of the estate pf the late Kiplelei Arap Chumba-Deceased) vs Clementina Jelimo Telu & others.
2. Initially, the appeal had been filed at Eldoret Environment and Land Court. Subsequently, the appeal was transferred to this court for hearing and determination.
3. After hearing Mr Mogambi and Mr Choge learned counsel for the applicants/appellants and the respondents respectively with regard to the application, it is common ground that the application be determined on terms to pave way for hearing of the appeal.
4. Further, it is notable that the appeal was originated by the memorandum of appeal 26th September 2025 containing triable issues, inter alia, fraud and limitation of actions.
5. Furthermore, this Honourable court subscribes to the Court of Appeal decision in the case of Butt vs Rent Restriction Tribunal {1979} KECA 22 (KLR) where it was observed;
‘ .......the litigants and their professional advisors are yhe best judges of their affairs........ and the appellant has an undoubted right of appeal......’
6. In the premises, the application dated 6th November 2026 is hereby determined thus;
a) The status quo prevailing over the land reference number Nandi/Kaptel/1997 being the property in dispute, be maintained by the parties herein pending the outcome of the instant appeal. In particular, the four applicants shall remain in occupation of the said property and the respondents shall not transfer, sell, subdivide or dispose of the same pending the hearing and determination of the appeal.
b) There shall be no execution of the judgment and decree in Kapsabet CMC ELC No. 68 of 2019 pending the outcome of the appeal herein.
c) No orders as to costs.
7. Learned counsel for the appellants to file and serve record of appeal within the next thirty days from this date.
8. The appeal is set for directions on 28th September 2026.
9. It is so ordered.
DATED and DELIVERED at KAPSABET this 7th day of JULY 2026.
G M A ONGONDO
JUDGE
PRESENT;
Mr Mogambi learned counsel for the applicants/appellants
Mr Choge learned counsel for the respondents
Mr Walter Kipkorir, court assistant