Daniel Dishon Anyanzwa Oluchula v Jackson Oyiengo Amere [2021] KEHC 7947 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT SIAYA

CIVIL APPEAL NO. E002 OF 2021

DANIEL DISHON ANYANZWA OLUCHULA...............APPELLANT

VERSUS

JACKSON OYIENGO AMERE....................................RESPONDENT

RULING

1. I have considered the application dated 31/3/2021 for leave to be heard during the recess. I grant leave to the applicant to be heard during the recess.

2. On the Main motion for stay dated 31/3/2021, I have perused the grounds thereof, supporting affidavit and annextures.  I am satisfied that the application is urgent and deserves expeditious consideration exparte in the first instance.  I certify the application to be urgent.

3. On the prayers for interim stay sought, I have perused the application and the supporting affidavit and annextures, I direct the applicant to serve the Respondents for interpartes consideration on 7/4/2021.

4. In the meantime, I grant Prayer No. 4 of the Summons prohibiting Jackson Oyiengo Amere who is named as the Respondent in the appeal, from selling and transferring Land Parcel No. North Gem/Got Regea/276 pending interpartes hearing of the summons.

5. Consequently, I direct that there shall be no registration or further transfers or subdivision of Land Parcel No. North Gem/Got Regea pending hearing of these summons interpartes.

6. Orders accordingly.

DATED, SIGNED AND DELIVERED AT SIAYA, THIS 1ST DAY OF APRIL 2021

R.E. ABURILI

JUDGE