RULING
1.In its application dated 18th March 2021, the applicant Tropical Treasure Limited has sought an order of stay of execution of the judgment and decree of the Environment and Land Court given on 24th October 2019. By that judgment the Environment and Land Court (ELC) allowed the first and second respondents’ suit and declared as null and void the transfer in favour of the applicant of property known as LR. No. 28534 Kilifi. The ELC ordered the rectification of the register to revert the ownership of the property to the 1st and 2nd respondents as the administrator of the estate of Manyale Mangi Yaa (Deceased).
2.In its judgment, the ELC found that even though the 1st and 2nd respondents, as administrators of the estate of the deceased, had contracted to sell the property to the applicant for the price of Kshs.41,500,000.00, the property was irregularly transferred to the applicant; that the 1st and 2nd respondents were hoodwinked to prematurely sign the transfer in favor of the ap…