RULING OF THE COURT
Background
1) By way of a Notice of Motion dated 29th November, 2019, Berlin Equipment Limited (the 1st applicant) and Kwale International Sugar Company Ltd (the 2nd applicant) urge this Court to exercise its discretion under Rule 5(2)(b) of the Court of Appeal Rules (this Court’s Rules) and grant them orders in the main:
a) That there be a temporary stay of execution of the ruling and order issued by Okwany, J. on 21st November, 2019, pending the hearing and determination of this application inter partes;
b) That there be a temporary stay of execution of the ruling and order issued by the learned Judged pending the hearing of the appeal filed by the applicants; and
c) That costs of this application be provided for.
2) A brief background of the application is that on 8th July, 2019 the applicants filed an application in the High Court to set aside judgment in default of defence which was entered in favour of the respondent on 17th June, 2019; the applicants had failed to…