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…However, the applicant’s appeal at the Court of Appeal was struck out with costs upon the respondent’s application.…

…To buttress this deposition, the respondent annexed a copy of the Court of Appeal’s ruling to his affidavit. 12.…

…He admits that the appeal and the motions for stay of execution before the Court of Appeal were indeed filed.…

…The first application, COACAPPL NO E17 was supposed to be withdrawn vide a notice dated 23/2/24 but the application to withdraw has never come up before the Court of Appeal as required by Rule 54 of the Court of Appeal Rules…

…in the Court of Appeal at Kisumu being Civil Appeal No.…

…The last case, referring to the exercise of discretion by the High Court and the Court of Appeal in the granting stay of execution, under Order 42 of the CPR and Rule 5(2) (b) of the Court of Appeal Rules, respectively, emphasized…

…December 2022 wherein the said application was dismissed (CAK 1-The Court of Appeal ruling herein).…

…This court is typically barred from entertaining the instant matter until the pending appeal at the Court of Appeal on the same subject matter is resolved.…

…of Appeal in Civil Appeal Nos. 27–31 of 2019.…

…The decision by the Court of Appeal herein raises compelling arguments for both sides. 45.   …

…E185 of 2025, which the Court of Appeal dismissed on 27th January 2026.…

…of Appeal?…

…The Applicant further filed an Appeal before the Court of Appeal which he has disclosed as Kisumu Court of Appeal No. E019 of 2024.…

…The Applicant has also disclosed that there is a pending application for stay in the Court of Appeal pending determination.…

…Lastly, the applicant maintained that it would be absurd for the court of appeal to fault this court’s order after the instant case having been concluded on the strength of the impugned pleadings.…

…The 2nd defendant’s Notice of Motion application dated 22nd January 2025 had not been served upon the Attorney General contrary to Rule 79 of the Court of Appeal Rules. ii.…

…Lastly, the applicant maintained that it would be absurd for the court of appeal to fault this court’s order after the instant case having been concluded on the strength of the impugned pleadings.…

…The 2nd defendant’s Notice of Motion application dated 22nd January 2025 had not been served upon the Attorney General contrary to Rule 79 of the Court of Appeal Rules. ii.…

…Dissatisfied with the judgement, the 1st Defendant lodged an appeal at the court of Appeal in Mombasa. The appeal is designated as court of appeal MSA Civil Appeal No.…

…That the Court of Appeal is therefore seized of the appeal, has the full jurisdiction and authority to address any applications pursuant to the provisions of the Court of Appeal Rules 2022 since there is no longer an intended…

…being Kisumu Court of Appeal Civil Appeal (Application No. 29 of 2014).…

…That parties are different from the previous suit and in the Court of Appeal. 17. In a brief Rejoinder Ms.…

…To the Replying Affidavit, the Applicant attached a Notice of Appeal to the court of Appeal.…

…Perusal of the court file reveals that there is a Notice of Appeal lodged on 5th March, 2024, notifying of the Applicant’s intention to appeal to the Court of Appeal.…

…COURT OF APPEAL CIVIL APPEAL NO. 240 OF 2019.…

…The final Orders in ELDORET ENVIRONMENT & LAND COURT CASE NO. 275 OF 2012 which were confirmed by the Court of Appeal in ELDORET COURT OF APPEAL CIVIL APPEAL NO. 240 OF 2019 were as follows; - a)   A finding that the Plaintiff…

…COACAPPL E559 of 2024 in the Court of Appeal. 2. Costs be provided for.…

…The Respondent’s submitted that the Court of Appeal is yet to determine the said application and this matter has not been stayed.…

…E022 of 2025) recorded a consent order before the Court of Appeal in the said matters, authorising the excision of a portion of a land measuring 1500 acres from Transmara/Moyoi/2.…

…The question is whether the ELC as a supervisor court, can make determination in respect of the dispute arising from the consent order recorded before the Court of Appeal, a higher court in hierarchy than itself? 12.   …

…of Appeal.…

…Further that the applicant approached the Court of Appeal under provisions of Section 5 (2) (b) of the Court of Appeal rules, and that the correct forum to seek stay orders should have been the Court of Appeal and not this…

…That being dissatisfied with the Ruling, the Interested Party has preferred an appeal in the Court of Appeal at Kisumu.…

…Counsel submitted further that the Applicant herein has initiated an appeal at the Court of Appeal.…

…It is averred that the Plaintiffs have never served the alleged application in the Court of Appeal upon the Defendant.…

…of Appeal in RWW vs.…

…On 28-4-2022 the Petitioners thereafter filed Nyeri Court of Appeal suit No. E163 of 2022 and EO48 of 2022. The Court of Appeal issued an order dated 8-11-2022 that the status quo be maintained.…

…(ii) The issues raised in this petition are pending before the Court of Appeal in Civil Appeal No. E163 of 2022 and Civil Application No E084/22 all at the Court of Appeal in Nyeri.…