Reuben Ndara v Hellen Chebet & another (Suing as legal personal representative of Maiba Chebosi) [2020] KEELC 1504 (KLR)

Facts

The plaintiff, Reuben Ndara, is the applicant in the instant application. He resides on the suit land with his family and has avocado plants on the ground. The 1st respondent, Hellen Chebet, claims that the plaintiff was evicted and that no property of the plaintiff is left on the suit land. The plaintiff disputes this and exhibits photographs of his avocado plants.

Issues

1. Whether to grant a stay of execution pending the hearing and determination of the appeal
2. Whether the plaintiff's interest in the land is protected by granting a stay of execution

Reasoning

The court finds that the plaintiff has demonstrated that he is serious about challenging the decision of the court in the Court of Appeal and that the interest of justice lies in permitting him to stay as he seeks the Court of Appeal's opinion on the matter.

Outcome

The application for a stay of execution is granted.