RULING OF THE COURT
The Notice of motion dated 19th May 2010 and filed on 25th May 2010 is seeking one main order and that is an order:-
“That this Honourable Court be pleased to order stay of execution of the decree issued on 31/3/2010 pending the hearing and determination of the intended appeal.”
Five grounds are cited in support of the application and these are:-
“(a) That the applicants have lodged an appeal against the judgment of this Court.
(b) That the said appeal has overwhelming chances of success.
(c) That the applicant are (sic) threatened with eviction on the basis of the judgment of the High Court.
(d) That the applicant have (sic) been on the suit land since 1976.
(e) That the said appeal will be rendered nugatory if the orders are not granted.”
There is an affidavit in support of the application sworn by one of the 20 applicants who is Priscilla Muthoni Kirugi, the first applicant.
The application is brought pursuant to the provisions of sections 3A and 3B of the Appellate …