PERIS SHANYASI ALLUYA & 4 OTHERS
V.
KIBUTUK ARAP TOO

RULING OF THE COURT

[1] Before us is a Notice of Motion dated 27^th June, 2018 expressed to be brought under Rule 5(2) (b) of the Court of Appeal Rules. Peris Shinyasi Alluya, (the 1^st applicant), Joyce Kaburani, (the 2^nd applicant), Japheth Lugafa Shikonyore, (the 3^rd applicant), Leah Musimbi (the 4^th applicant) and Lena Sokoni (the 5^th applicant (collectively referred to as applicants) seek an order of stay of execution pending the hearing and determination of the intended appeal against the judgment and Decree made by the Environment and Land Court, (Odeny, J) on 31^st October, 2017 in favour of Kibutuk Arap Too (the respondent) herein.

[2] The application is founded on the grounds set out on the face of the motion and also on the averments deponed in the supporting affidavit of Leah Musimbi (the 4^th applicant herein).

[3] A brief background of the suit in the ELC is that by a Plaint dated 23^rd February, 2016 the respondent herein filed a suit against the applicants. In the said Plaint,…