Joseph Mpoe and Josphat Mpoe, hereinafter referred to as the applicants in application dated 28th March 2024 are seeking order that they be allowed to appeal the ruling granted on 14th March 2024. Moreover, that the notice of appeal already filed on 26th March 2024 be deemed as duly filed upon grant of leave by the court. The application further seek an order that there be stay of proceedings in this matter pending the hearing and determination of the interlocutory appeal before the Court of Appeal. He prays that the court grants preservatory orders to maintain the prevailing status quo to the effect that the active possession by the applicants on the suit parcel title No IR.14607 being LLNO.8669/3 in Mau Narok (Muthera Farm) measuring approximately 4,296 acres shall not be interfered with pending the hearing and determination of the intended appeal before the Court of Appeal. They pray for costs of the application.
The plaintiffs have opposed the application vide the replying affidavit of the 2nd plaintiff. I have considered all evidence on record and the submissions of parties and do find that the application for leave to appeal is merited and therefore the applicants are granted leave to appeal and the notice of appeal already filed is deemed as properly filed.
I do decline to stay proceedings as no prejudice has been demonstrated that will be suffered by the applicants if the matter proceeds. Lastly, I do decline to grant a blanket status quo as the matter is so convoluted and it requires a ground visit to establish a status quo. Costs in the cause.
It is so ordered.
The plaintiffs have opposed the application vide the replying affidavit of the 2nd plaintiff. I have considered all evidence on record and the submissions of parties and do find that the application for leave to appeal is merited and therefore the applicants are granted leave to appeal and the notice of appeal already filed is deemed as properly filed.
I do decline to stay proceedings as no prejudice has been demonstrated that will be suffered by the applicants if the matter proceeds. Lastly, I do decline to grant a blanket status quo as the matter is so convoluted and it requires a ground visit to establish a status quo. Costs in the cause.
It is so ordered.