I have seen the application dated 27 February 2025 filed by the appellant herein.
From what I can see that application seeks execution of the decree. However, it needs to be understood that in this matter, this is an appellate court. What the appellate court did was to substitute the lower court judgment with a judgment for a monetary sum. The applicant needs to apply for execution in the lower court file which is the main suit.
Apart from the above, I see that the supporting affidavit is sworn by counsel and it has been said many times that counsel need to avoid swearing affidavits.
For reason that the application needs to be filed before the lower court, the same is hereby struck out. There will be no orders as to costs.
It is so ordered.
DATED AND DELIVERED THIS 11 DAY OF MARCH 2025
JUSTICE MUNYAO SILA
JUDGE, ENVIRONMENT AND LAND COURT
AT KISII