RULING OF THE COURT
The applicants Loise Njeri; Peter Kariuki; James Irungu Macharia; Mwangi Gatheyu; Peter Ndungu; David Maina Gichingiri, Eunice Nyokabi Muiruri, Mbuthia Kahiga and John Ngugi Muiruri filed a Notice of Motion dated the 26th day of July, 2016 against the respondent. They seek orders to stay further proceedings in Nyeri High Court Environment and Land Case No. 423 of 2015; and an order of injunction to restrain the respondent either by himself or through his agents, servants and or any one acting on his behalf from selling, offering for sale, advertising, disposing, transferring, alienating evicting the appellants from or in any other way dealing and interfering with all those parcels of land known as Maragua/Ridge/259-269, pending hearing and determination of their intended appeal. The application is predicated on rule 5(2)(b) and 42 of the Court of Appeal Rules, 2010. It is anchored on the grounds on its body and a supporting affidavit together with annexures thereto.…