Therefore, the court found that there is no
pending appeal in this court as alleged by the
applicants in their notice of motion.

The court further found that the orders sought
in this application are more or less the same as
those the applicant intends to seek in the
appeal itself, namely staying or setting aside
the order of Justice Batema J issued on 25
July 2014.
Be that as it may, the court added that the
applicants have not established that if this
application is not granted they will suffer
irreparable loss and damage. Irreparable loss
is one that cannot be atoned by damages. It is
a fact conceded by the applicants’ counsel that
any loss or damage that may result is
compensatable by damages.
The court further added that applicants have
not established that the intended appeal has
any likelihood of success. I have not been able
to ascertain any triable issues in the said
intended appeal. The affidavit in support of
this application does not even mention that the
appeal has any likelihood of success.
Suffice it to say, court found the balance of
convenience to be in favour of the respondent.
The applicants may be compensated for any
damages or loss resulting from the order of
the learned Judge. On the other hand the
damage to the Natural Forest reserve is likely
to be irreparable and irreversible.
In result, the court held that it finds no merit

in this application.
The court ordered that this application is
hereby dismissed with costs.