REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT NYERI
ELC NO 128 OF 2017
DUNCAN MAWNGI NDORE........................................PLAINTIFF
VERSUS
ELIZABETH WANGARI KIRAGU..............................DEFENDANT
RULING 2
In the Application dated 13/6/2025, the Plaintiff prays for a stay of execution of the Judgment delivered on 20/9/2024 by the Honourable Justice J.O. Olola and the ensuing Order/Decree pending the Hearing and Determination of the intended Appeal. The Application is anchored on the following Grounds:
a. A Notice of Appeal was filed on 25/9/2024.
b. The Applicant is an innocent Purchaser for value.
c. This Appeal would be rendered nugatory unless the orders sought are granted.
d. The Application would not occasion any prejudice to the Respondent if allowed.
Equally and in addition, in the Supporting Affidavit sworn on 13/6/2025, the Applicant said that he is the current registered owner of the suit Land Title No. CHINGA/GIKIGIE/646 having bought it from Mary Murungi and Jeremiah Kiragu for valuable consideration. He further says that the Respondent is a trespasser but who is in current occupation and therefore no prejudice would be occasioned to her should the Application be allowed.
The Respondent has already commenced the process of transferring the land to herself and that the Application was brought to Court within a reasonable time.
In the Replying Affidavit of the Defendant/Respondent sworn on 20/6/2025 the said Defendant deponed that the Applicant is yet to file his record of Appeal and she has been declared the owner of the said land and that the Application is only intended to defeat the cause of justice and the same should be dismissed with costs.
I also looked at the Application and I don’t see what is to be stayed. The Applicant’s contention in the lower Court was that he was entitled to the order of eviction but which the Court held that the same was based an unproven allegations of trespass. Mesne profits were equally denied.
There is therefore nothing to stay and I accordingly dismiss the Application dated 13/6/2025 as frivolous and an above of the process of this Court. I as well award costs to the Respondent.
Ruling dated, signed and delivered at Nyandarua this 18th Day of November 2025.
MUGO KAMAU
JUDGE
In the presence of: -
Court Assistant – Samson.
Ms. Mshila for the Respondent.
N/A for the Applicant.
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