RULING OF THE COURT
1. The notice of motion dated 13th December 2016 seeks two substantive orders under Rule 5(2)(b) of the rules of this Court, as follows:
“2. THAT there be a stay of execution of the orders of Hon. M. Sila (sic) issued on 9th November, 2016 to the effect that the applicants vacate the parcels of land to wit NYANDARUA/NANDARASI/2307 and 2308 and give possession of the parcels of land to the respondents, pending the hearing and determination of the intended appeal.
3. THAT there be a stay of all and/or further proceedings in Environment and Land Court, Case No. 253 of 2012 pending the hearing and determination of the intended appeal.”
2. It was taken out by two of the six defendants against whom conditional orders for setting aside an ex parte judgment were issued by the Environment and Land Court (Munyao Sila J.) and our presumption is that the four other defendants were satisfied with the orders issued against them. The orders issued against the two applicants before us…