KENNEDY OLOWASIN SAPAI9Suing as personal rep of the estate of ONKWARE OMMWENGA VS konoi sapai AND DAVID ONDIEKI MOSORI AND 2 Others

RULING

1. By consent, the application dated 26/04/2024 be and is hereby compromised in the following manner:-
2. The Judgment pronounced on 12/03/2024 be and is hereby stayed and in particular the aspect of transfer of the property known as Transmara/Meguara/132 pending the hearing and determination of the Appeal before the Court of Appeal.
3. The Plaintiff is allowed to access a portion of the property known as L.R No. Transmara/Meguara/132 which is not in occupation of the 1^st Defendant for purposes of agricultural farming only and will not develop any permanent structures and/or part with occupation of the said portion to any other third party.
4. The 1^st Defendant is also allowed to use the portion of L.R No. Transmara/Meguara/132 which they occupied before the pronouncement of the Judgment on 12/03/2024 but such a use will be of temporary nature and will not include building of permanent houses and/or structure as well as any burial of any person on the said portion until determination of the Appeal.
5. The 2^nd Defendant who is the registered owner of L.R No. Transmara/Meguara/132 shall not transfer, change, lease and/or interfere with the legal registration of the said property known as L.R No. Transmara/Meguara/132 pending the hearing and determination of the Appeal before the Court of Appeal.
6. The Court will not grant any order for security of cost so as to ensure that both parties are able to pursue the Appeal without any pending issues.

IN THE PRESENCE OF:

COURT ASSISTANT:  MR. NGENO

ADVOCATE FOR THE RESPONDENT:  MR. ONSANGO

ADVOCATE FOR THE APPLICANT:  MR. MULISA FOR 1^ST & 2^ND APPLICANT