RULING OF THE COURT
Before us is a Notice of Motion dated 24th December 2019, and lodged at this court’s registry on 3rd January 2020. It is premised on Rule 5(2)(b) of the Court of Appeal Rules (CAR). It substantively seeks stay of execution of the judgment/orders delivered on 27th September 2019, (K. Bor, J.) in the Environment and Land Court (ELC) Case No. 149 of 2007, Nairobi, pending the hearing and determination of the intended appeal. It is supported by grounds on its body, a supporting affidavit of Harbans Singh Birdi, sworn on 24th December 2019, and filed on 3rd January 2020. It has not been opposed as we have not traced any replying affidavit on record. Lack of opposition to the applicants’ application notwithstanding we are in law obligated to consider its merits and draw our own conclusions thereon, based on our appreciation of the record and application of principles of law that guide the court in the exercise of its discretionary mandate in the determination of an applic…