JANE WAIRIMU NGARI, JORUM KAMAU NGARI, AMES MWANGI NGARI, SAMUEL GITHU NGARI, PATRICK KURIA NGARI & ELIUD KAGUMO NGARI V. MARY MUTHONI NGARI

RULING OF THE COURT

[1] UPON considering the application before us which is by way of a notice of motion dated 25^th November, 2019 by the applicants and noting that it is principally predicated under the provisions of Rule 5 (2) (b) of this Court’s Rules among other statutory enactments cited, the applicant principally seeks an order of stay of execution of the judgment delivered on the 18^th October, 2019 by Cherono, J. and all consequential orders thereto until the intended appeal is heard and determined.

[2] UPON reading the supporting affidavit sworn on 25^th November, 2019 by Joram Kamau Ngari (the 2^nd applicant) on behalf of the other applicants and the grounds in support of the application which allude to the fact that the appeal is arguable and has high chances of success; that the applicants have applied for proceedings to lodge an appeal and filed a Notice of Appeal; that they have attached a copy of a draft memorandum of appeal that shows there are several grounds that they int…