RULING OF THE COURT
By an application dated 14th June, 2015, the applicant moved this Court seeking to have the notice of appeal lodged in the High Court on 20th December, 2013 by the respondents deemed as withdrawn and the orders of stay of execution granted on 30th May, 2014 in favour of the respondents be vacated. The application is expressed to be brought under Rules 82(1) and 83 of this Court's Rules. These prayers are premised on the grounds that the respondents has failed to take essential steps towards presenting the appeal to this Court and that it is in the interest of justice that the notice of appeal be deemed as withdrawn.
A brief background of the dispute is that the applicant was successfully sued by Emmanuel Ngande Nyoka in Kilifi SRMCC No. 188 of 2005 for an order of specific performance in respect of a an agreement touching on Plot No. Kilifi/Kijipwa/173 “the suit premises”. Dissatisfied with the outcome, the applicant lodged an appeal in the Environment and Land Court…