Mohamed Ali Askul v Ali Mbwana & 13 others [2014] KEHC 1155 (KLR)

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