MARGARET WANJIKU GODWIN V. HENRY MWANGI GATAI, SAMUEL MWAURA MUNGAI, SHEZAD JALALDIN FAZAL & CAROLINE WAITHERA MWANGI

RULING OF THE COURT

1. The application before us dated 28^th March, 2018 has been brought pursuant to rule 5(2) (b) of the Court of Appeal Rules. The applicant seeks stay of execution of the judgment delivered by the trial court on 9^th February, 2018 pending hearing and determination of the applicant’s appeal. It is imperative that we briefly outline the background to this dispute before we proceed to apply the principles to the instant application.

2. It is an undisputed fact that the applicant, Margaret Wanjiku Godwin, was the registered owner and vendor of a parcel of land, LR. No. 13084/5 (suit property) located in Karen, Nairobi. On 18^th August 2011. She entered into a sale agreement with the 1^st and 2^nd respondents (purchasers) in which the applicant agreed to sell to the two respondents the suit property at a consideration of Kshs 12,000,000/=.

3. At clause 7 of the agreement, it was mutually agreed that the completion date was to be 90 days from the date of execution, i.e. on 18^th…