RULING OF THE COURT
[1] By a Notice of Motion dated 19th August, 2019 brought under sections 26(2) of the Court of Appeal Organization and Administration Act and Rules 5(2)(b) of the Court of Appeal Rules, the applicant, Cabin Crew Investments Limited has moved the Court for an order of stay of execution of the judgment and decree of the High Court delivered on 24th May, 2019 pending the hearing and determination of an intended appeal.
[2] The suit resulting in the judgment and decree was lodged in the Environment and Land Court (ELC) by Kenya Medical Training College who is now the 1st respondent to the motion before us. The applicant was the 1st defendant while the Principal Secretary, Ministry of Lands Housing and Urban Development, Registrar of Titles, The National Lands Commission, and the Attorney General now the 2nd to 5th respondents respectively were the 2nd to 5th defendants.
[3] Following the hearing of the suit, the ELC gave judgment in favour of the 1st respondent and issued…