REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT KISUMU
ELC APPEAL NO. ELCLA NO. 077 OF 2024
PAUL OJUKI MIYAYI……………………………….………..APPELLANT
VERSUS
JACK OMONDI KISERA (being sued as a
legal representative of PAMELA ACHIENG
KISERA alias PAMELA OWITI
KISERA, Deceased …………………………………….….RESPONDENT
(Being an appeal from the whole of the judgement of the Chief Magistrate’s Court at Kisumu (Hon. D. O. Onyango) delivered on 2nd September, 2024 in MCELC/131/2018)
BETWEEN
PAUL OJUKI MIYAYI…………………………………………..PLAINTIFF
VERSUS
JACK OMONDI KISERA (being sued as a
legal representative of PAMELA ACHIENG
KISERA alias PAMELA OWITI
KISERA, Deceased) …………………………………….…DEFENDANT
RULING
The application before court for determination is the Notice of Motion dated 19th September 2024. It seeks for an order that pending the hearing and determination of the appeal, an order of stay of execution of the judgement delivered on 2nd September 2024 in KISUMU CMC MCELC NO. 131 OF 2018 be issued.
The application was supported by the contents of the Supporting Affidavit sworn by the applicant on 21st September 2024 and the annextures thereto one of which is a copy of the Memorandum of Appeal.
The application was unopposed. Affidavit of Service sworn by Berick Odundo on16th October 2024 shows that the applicant was served on 25th September 2024.
I have considered the application and the grounds upon which it is brought, I find merit in the application and hereby allow it in terms of prayer 3 thereof. No order as to costs.
Orders accordingly.
Ruling, dated and signed at Kisumu, read virtually this 17th day of October 2024 through Microsoft Teams Online Application.
E. ASATI,
JUDGE.
In the presence of:
Maureen- Court Assistant.
for the Applicant.
for the Respondent.