ITEMBE SENDI AND PAUL MARWA ITEMBE AND 1 Others VS ROBI MWITA MACHERA

RULING NO. 1

1. This ruling is in respect of order number (iii) sought in the application by way of a Notice of motion 28^th May 2024 and the order reads;

‘That there be a stay of execution of the decree touching on LR No. Bukira/Buhiringera/472, 473, 469 and 915(The suit parcels of land) and all consequential orders emanating from the decree pending the hearing and determination of this application inter partes.’

1. Mr B Singei learned counsel for the applicant urged the court to grant the aforementioned prayer, in the interim, to preserve the suit parcels of land awaiting typed proceedings for the disposal of the entire application.
2. Mr Achola learned counsel for the respondent/plaintiff opposed the application. He stated that the stay order sought is the subject of the respondent’s application dated 2^nd June 2024.
3. The applicant’s submissions dated 30^th July 2014 are in support of  application.
4. The plaintiff/respondents’ submissions dated 11^th September 2024 reinforce opposition to the application.
5. So, is there merit in order number (iii) sought in the application?
6. Notably, stay of execution of the court’s decree dated 27^th April 2023 is order number (iv) sought in the application.
7. The application is yet to be determined awaiting typed proceedings which are form the subject of prayer number (v) in the application.
8. This court is mandated under section 13 (7) (a) of the ELC Act 2015 (2011) to grant interim preservation orders. Prayer number (iii) in the application is such an order.
9. In the circumstances, the application is merited.
10. In the result, prayer number (iii) in the application, is hereby allowed accordingly.
11. It is so ordered.

DATED and DELIVERED at MIGORI this 19^TH day of NOVEMBER 2024

G  M  A  ONGONDO

JUDGE

PRESENT;

Mr Achola for the plaintiffs/respondents

Mr Singei learned counsel for the defendants/applicants

Tom Maurice, court assistant