RULING OF THE COURT
This Notice of Motion dated 10th May 2019 is made under sections 3A and 3B of the Appellate Jurisdictions Act and rules 5 (2) (b) and 47 (1) and (2) of the Court of Appeal Rules, and has been brought pursuant to a decision of the Environment and Land Court (Olola, J.) delivered on 24th January 2019 and seeks orders that this Court be pleased to issue conservatory orders by way of stay of execution of the eviction orders and Notices issued against the applicants herein pending the hearing and determination of the motion, and the intended appeal, and that the Court make such further orders as it would deem necessary.The background to the application in brief is, after the applicants encroached, the respondent’s land known as 209163/D Lamu West District (the suit land) the respondent sought to have them evicted. In response, the applicants filed Malindi ELC Case No. 67 of 2013 which was struck out on 19th December 2013 for the reason that it disclosed no cause of acti…