Caselaw

REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT BUNGOMA ELC APPEAL NO. 4 OF 2021 FRED WASWALA............................................................................................APPELLANT VERSUS EVERLYNE NASIMIYU EJILO.........................................................1 ST RESPONDENT FRED WANYONYI MUCHANGA.....................................................2 ND RESPONDENT 28/10/2021 Coram: Hon. B. N. Olao JUDGE In Chambers ORDER I have considered the Notice of Motion dated 14th September 2021 and filed under Certificate of Urgency. It seeks a stay of execution of the Judgment and Decree issued in BUNGOMA CMCC No 200 of 2015. Without the Judgment and Decree sought to be stayed, I am unable to exercise my discretion in the matter. I appreciate that the typing of the Judgment may take a while bearing in mind that the same was delivered on 11 th August 2021. However, it should not be difficult to get certified copies of the hand written Judgment for purposes of this application. As for the decree, I believe that can be obtained in a day at most. All I have is the bill of costs and it is clear from the application that the Applicant seeks a stay of Judgment and Decree issued in BUNGOMA CMCC No 200 of 2015 pending the hearing of the appeal herein. The bottom line is that this Court has not been provided with efficient information to enable me consider the merits or otherwise of the Notice of Motion dated 14th September 2021 and filed herein on 28th September 2021. How, for instance, will this Court determine the issue of substantial loss, which is the cornerstone of such applications, unless I am provided with all the relevant information with regard to the application sought to be stayed? In the circumstances, the Notice of Motion dated 14 th September 2021 and filed herein on 28 th September 2021 is incompetent. It is hereby struck out. The Applicant is at liberty to file a fresh application taking into account the above observations. Boaz N. Olao. JUDGE 28th October 2021.