JEDIDAH WAMBUI KARANJA & 2 OTHERS V. PETER NDIRANGU KINUTHIA

RULING OF THE COURT

Though the applicants have not stated the legal provisions under which their notice of motion dated 28^th January, 2014 is brought, it is clear to us that it is brought under Rule 5(2)(b) of the Court of Appeal Rules. It seeks a stay of execution of the decree arising from the judgment of Waweru, J delivered on 18^th January, 2014 in Nairobi HCSC No. 1678 OF 2002.

Basing herself on the averment in the affidavit in support of the application, Jedidah Wambui Karanja, the 1^st applicant submitted that together with the 2^nd applicant and their families, she lives on the piece land known as Title No. Muguga/Gitaru/805(Plot No. 805) on which there are three buildings and the graves of their parents and siblings. If the stay they have sought is not granted, they will be evicted there from and thus suffer irreparable loss. She contends that Title No. Muguga/Gitaru/1705(Plot No. 1705) does not exist on the ground and that the plot in dispute is Plot No. 805.

In opposition to the …