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JudgmentJames Kaikai VS DANIEL KALASINGA1 min read

James Kaikai VS DANIEL KALASINGA

Environment and Land Court at Kilgoris Environment and Land Court · · E. M. WASHE, J

RULING

  1. The application dated 21/05/2024 is seeking to stay the eviction orders issued in SPM ELC NO.21 of 2018.
  2. The Court takes note that the judgment of the SPM ELC Case No. 21 of 2018 was appealed in Kilgoris ELC Appeal No. E01 of 2022.
  3. The Appeal No. E01 of 2022 upheld the decision of the trial court.
  4. The Applicant further filed an Appeal before the Court of Appeal which he has disclosed as Kisumu Court of Appeal No. E019 of 2024.
  5. The Applicant has also disclosed that there is a pending application for stay in the Court of Appeal pending determination.
  6. In this Court’s view, any application for stay must be filed in the existing files and not through a Miscellaneous Application.
  7. In this particular Misc file, there is no proceeding that can be stayed as requested for.


In the Presence of:

Court Assistant:  Mr. Ngeno

Applicant Acting In Person

Advocate for Respondent:  Ms. Ochwal


    James Kaikai VS DANIEL KALASINGA James Kaikai VS DANIEL KALASINGA