RULING OF THE COURT
By way of a Notice of Motion dated 4th June 2018, the applicant sought a stay of execution of the judgment and decree of the Environment and Land Court pending the hearing and determination of this application and the intended appeal, and further for orders that the applicants be allowed to deposit the land title to LR Number Kericho/Silbwet/33 (the disputed land) in Court as security for due performance of the decree and for the status quo to be maintained as it was on 16th May 2018 before the delivery of the judgment of the Environment and Land Court.
The application was brought on the grounds that, for the reason that they were dissatisfied with the decision of the trial court, the applicants had filed an appeal to this Court that raises serious points of law with an overwhelming chance of success; that in the event the appeal were to succeed the respondent would be unable to refund the decretal sums if paid and finally, that should execution be carried out before…