RULING OF THE COURT
This is a Notice of Motion application dated the 2nd February, 2018 brought under provisions of Rule 5(2)(b) of the rules of this Court. The application has been brought by the intended appellants, Manchar Singh Sagoo aka Mr. Sagoo and Surinder Kaur Sagoo aka Mrs. Sagoo (hereafter referred to as “the applicants) against Caroline Njeri Mwicigi (hereinafter referred to as “the respondent”). The application seeks an order of stay of execution of the judgment of the Environment and Land Court, Nairobi delivered on 25th January, 2018 pending the lodgment, hearing and determination of the intended appeal.
The application is premised on eight grounds set out on the face of the application. The application is also supported by the affidavit of the 1st applicant. The application is opposed by way of replying affidavit sworn by the 1st respondent on the 7th March, 2018.
A brief background of the application is important. On or about the 28th June, 2005 the applicants and the re…