RULING OF THE COURT
Background:
1. Before us is a Notice of Motion dated 27th April, 2018 expressed to be brought under Rule 5(2)(b) of the Court of Appeal Rules (the Court Rules). The Presbyterian Church of East Africa (Uthiru Church) and Chairperson- PCEA Uthiru Church (the applicants), seek an order of stay of execution pending the hearing and determination of their appeal against the judgment and Decree of the Environment and Land Court, (ELC in Nairobi) (E.A. Obaga, J) who found in favour of Wanyiri Kihoro and Mugure Wanyiri Kihoro (Both suing as administrators of the Estate of Dr. Wanjiru Kihoro) (the 1st and 2nd respondents).
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 Beatrice Wanjiku Mugo (the 2nd applicant) who is a member and retired Elder and Chairperson of PCEA Uthiru Church.
3. In a nutshell, the 1st and 2nd respondents are the administrators of the Estate of the late Dr. Wanj…