REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT KISUMU
ELC APPEAL NO.E024 OF 2024
FREDRICK ONYANGO ODHIAMBO .....………..…….. APPELLANT
VERSUS
MACTILDA KHATITI MACHINJI
(Suing as the Director of Katiti Builders) ….................RESPONDENT
R U L I N G
The application before court for determination is the Notice of Motion dated 23rd May, 2024 stated to be brought pursuant to the provisions of Order 42 Rules 1 – 6 of the Civil Procedure Rules and Sections 1A, 1B and 3A of the Civil Procedure Act. The Application seeks for an order for stay of execution of the decree in MASENO PMC EL CASE NO. E005 OF 2022 pending the hearing and determination of the appeal herein.
The grounds upon which the application was brought are that the appeal raises triable issues and has high chances of success, that unless the order sought is granted, the appeal shall be rendered nugatory and that no prejudice will be occasioned to the Respondent if the order of stay of execution sought is granted.
The application was supported by the averments in the Supporting Affidavit sworn by the Applicant on 23rd May, 2024 and the annextures thereto. One of the annextures to the Supporting Affidavit is copy of Memorandum of Appeal dated 15th May, 2024, showing that appeal has already been filed.
The application was not opposed. Affidavit of Service filed shows that the Respondent was filed with the application and court order on 31/5/2024.
I find that the application has merit and herein allow it as follows: -
- An order of stay of execution of the decree in MASENO PMC EL CASE NO. E005 OF 2022 is hereby granted pending hearing and determination of the appeal herein.
- No orders as to costs.
Orders accordingly.
Ruling dated and signed at Kisumu and delivered this 4th day of June, 2024 virtually through Microsoft Teams Online Application.
E. ASATI,
JUDGE.
In the presence of:
Maureen: Court Assistant.
for the Applicant.
for the Respondent