RULING
The applicant’s Notice of Motion dated 18th July 2019 seeks stay of execution of the judgment of the Environment and Land Court (ELC) delivered on 1st July 2019 in ELC No. 489 of 2012 pending hearing and determination of an intended appeal.
In the said judgment the trial judge, Bor, J. ordered the 1st applicant to transfer the 2nd applicant’s share certificate in the 1st applicant to the 2nd respondent within thirty days from the date of the judgment.
Being aggrieved by that decision, the applicants filed a notice of appeal and requested for certified copies of the proceedings and the judgment. The applicants believe that the intended appeal is arguable and if stay of execution is not granted “substantial loss may result”, as they may lose the property, which they say belongs to them, but the 1st respondent unlawfully transferred to the 2nd respondent.
Although the respondents did not file a replying affidavit or submissions despite service of a hearing notice, I must consider the …