RULING OF THE COURT
1. In a Notice of Motion dated 16th June 2020, the applicants Henry Muli Mbathi and Rose Katuku Mbathi have invoked our jurisdiction under Rule 5(2) (b) seeking to stay the execution of the judgment of Obaga J. delivered on 21st May 2020, pending the hearing and determination of their intended appeal.
2. The facts giving rise to this application stem from a dispute over the ownership of plot No P-171 B, which the applicants and the 1st respondent claim was allocated to them by the 2nd respondent, Embakasi Ranching Company Limited. Finding in favour of the 1st respondent, the court dismissed the applicants’ counterclaim with costs and ordered the 2nd respondent to complete the transfer of the said plot to the 1st respondent. It is the case of the applicants that in the event the orders sought are not granted, they will suffer substantial loss as they in danger of losing the said property and being subjected to contempt proceedings.
3. We have considered the application…