REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MOMBASA ELC. NO. 271 OF 2007 MOHAMED ALI ASKUL....................................PLAINTIFF/RESPONDENT - VERSUS ALI MBWANA & 13 OTHERS......................DEFENDANTS/APPLICANTS RULING [1] The applicants filed this notice of motion on 6th March 204 he prays that this matter be certified urgent. That there be a stay of the judgment delivered on 6th December 2013 pending the determination of the appeal which the defendants intend to file. The applicants state that they have resided on the suit land for over sixty years and that they have no where else to go and that the appeal has high chances of success. [2] The respondent filed a replying affidavit and denied that the applicants have nowhere to go. He argued that he stands to lose massively in terms of usage of his properties. He urged the court not to allow the application and that if+ it is allowed, the applicants be ordered to deposit Kshs. 5 million to take care of the suit properties pending the prosecution of the appeal. [3] When this judgment was delivered by Justice Tuiyot on 6th December 2013 there was no application for stay of execution by way of the respondents. The learned judge gave the parties 90 days to move and vacate out of the two plots belonging to the plaintiffs. This application was made exactly on expiry of 90 days in a bid by the applicants to buy more time. I find no merit in this application and I dismiss it with no orders as to to costs. Dated and delivered in open court this 14th day of November 2014. S. MUKUNYA JUDGE 14.11.2014 In the presence of: Mr. Obara Advocate for the defendant Miss. Oluoch advocate for Mr.Omwenga Advocate
A note on accuracy. These pages are generated automatically from our AI-written case briefs and have not been checked by a lawyer. Case titles and citations come from Kenya Law; the counts, topics, propositions and “treatment” labels are derived from the briefs and can be incomplete or wrong. Use them as a research aid and always read the original judgment before relying on anything here. This is not legal advice.