Case ID:185648

Fred Waswala v Everlyne Nasimiyu Ejilo & another [2021] eKLR

Case Metadata

Case Number:

Environment and Land Appeal 4 of 2021

Parties:

Fred Waswala v Everlyne Nasimiyu Ejilo & Fred Wanyonyi Muchanga

Date Delivered:

28 Oct 2021

Case Class:

Civil

Court:

Environment and Land Court at Bungoma

Case Action:

Order

Judge(s):

Boaz Nathan Olao

Citation:

Fred Waswala v Everlyne Nasimiyu Ejilo & another [2021] eKLR

Court Division:

Environment and Land

County:

Bungoma

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

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

O R D E R

I have considered the Notice of Motion dated 14

th

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 14

th

September 2021 and filed herein on 28

th

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.

J U D G E

28

th

October 2021.