RULING OF THE COURT
We have before us, a Notice of Motion dated 28th June, 2011 and filed on 29th June, 2011 in which the applicant Julius Kiruma Kariuki is seeking four orders namely:- “1. That the Notice of Appeal filed in the High Court at Nyeri on the 22nd June, 2009 by the 2nd and 3rd respondents be withdrawn.2. That upon withdrawal of the Notice of Appeal filed in the High Court at Nyeri on the 22nd June, 2009, the stay Orders obtained on the 24th September, 2010 by the 2nd and 3rd Respondents be set aside or discharged.3. That in the alternative but without prejudice to prayer 2 above the 2nd and 3rd Respondents be directed to file their record of appeal within a period to be prescribed by the court failure to which the orders obtained on the 24th September, 2010 be automatically discharged.4. That the costs of and incidental to this application be provided for.”The grounds upon which the application is brought are that since 22nd June, 2009, when the notice of Appeal sought to …