RULING OF THE COURT
Before us is a notice of motion application dated 12th March, 2020 in which the applicant prays for an order for stay of execution of the judgment of the Environment and Land Court (K. Bor, J.) delivered on 17th January, 2020 and a temporary injunction restraining the 1st respondent, its servants and agents from selling, offering for sale, disposing of or in any manner dealing with the parcel of land known as L.R. No. 22140 Embakasi North hereinafter “the suit land”.
We shall limit our consideration of this application on the prayer for stay of execution as no submissions were made with regard to the prayer for injunction. The application is brought under Rules 5(2) (b) and 42 of the Court of Appeal Rules, Article 159(2) of the Constitution and Sections 3A and 3B of the Appellate Jurisdiction Act. It is premised on the grounds that; the applicant was aggrieved by the judgment of the trial court in which the learned Judge declared that; the 1st respondent was the true…