RULING
On 22nd May 2017 I heard the parties in this application inter partes under rule 47 (5) of the Rules of this Court, on the question of urgency. The applicant, Bryan Yongo, wanted his application certified urgent and heard promptly. In the application he is seeking stay of further proceedings in Environment and Land Court Case No. 13 of 2009 pending the hearing and determination of an intended appeal from the ruling and order of Gacheru, J. dated 23rd June 2017. Earlier on 18th December 2017, I declined to certify the application urgent, after which the applicant invoked rule 47(5) and prayed for inter partes hearing on the question of urgency.
The short background to the application is that Dr. Jigisha P. Jani and Jay Sailesh Jani, the 1st and 2nd respondents respectively, are the registered owners of the property known as LR No. 7471/249 in Kitsuru, Nairobi (the suit property). In or about 28th November 2005 the respondents entered into an agreement for the sale of the suit prop…