Gabriel Njuguna Njoroge v David Lobongon Tioko [2018] KEELC 4609 (KLR)

REPUBLIC OF KENYA LAND AND ENVINROMENT COURT AT KITALE LAND CASE NO. 70 OF 2008 GABRIEL NJUGUNA NJOROGE................PLAINTIFF VERSUS DAVID LOBONGON TIOKO....................DEFENDANT RULING 1. The application dated 12/10/17 filed by the defendant/Judgment debtor seeks an order of stay of execution of the decree and all consequential orders arising from the Judgment delivered by this court on 28/9/17 pending the hearing and determination of the defendants appeal to the Court of Appeal against the said judgement and decree. 2. The application is not opposed by the respondent/judgement creditor, but this submissions is made subject to a condition that the applicant gives security in the form of a deposit of the decretal sum plus two years rent, being a total sum of Kshs.1,932,000/= in a joint interest earning account pending the determination of the appeal. 3. I therefore grant the application dated 12/10/17 in terms of Prayer No.3 thereof on condition that the applicant shall deposit the sum of Kshs.1,932,000/= in a joint interest earning account held between both the applicant's Advocates and the Respondent’s Advocates in a reputable Banking institution. 4. The said deposit shall be made within 30 days of this order failing which the order shall automatically lapse. The plaintiff/decree holder’s advocates shall ensure their maximum co-operation to ensure that the deposit of the funds in such account within the said period is a success. Dated, signed and delivered at Kitale on this 30th day of January, 2018. MWANGI NJOROGE JUDGE 30/01/2018 Coram Before: Mwangi Njoroge, Judge Court Assistant - Isabellah

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