RULING OF THE COURT
1. The applicant, Mavji Ramji Patel, seeks an order, under Rule 5(2)(b) of the Rules of this Court, that pending the hearing and determination of an intended appeal, there be a stay of execution of the judgment of the High Court, Environmental and Land Division, delivered on 22nd July 2013 in Civil Suit No. 586 of 2005 by which the High Court granted the respondents an order of specific performance requiring the applicant to execute all necessary documents to transfer the property known as L. R. No. 209/1832 Nairobi (the property) to the respondents and in default the Deputy Registrar of the High Court to do so. The applicant contends that unless the order for stay of execution of the judgment is granted, his appeal, which he says has very good prospects of success, will be rendered nugatory.
Background
2. On 23rd September 2003 the applicant as vendor entered into an agreement for sale with Gerald Muturi Maina, the purchaser (who is since deceased) under which the ap…