RULING OF THE COURT
This is an application by way of Notice of Motion brought under Rule 5(2) (b) of the Court of Appeal Rules in which the applicant, City Council of Nairobi, seeks the following orders:- “1. THAT the service of this application be dispensed with in the first instance this application be certified urgent owing to the urgency disclosed in the certificate of urgency.2. THAT this honourable court be pleased to order a stay of execution of the order of the superior court given on 16th March, 2009 in Nairobi Milimani High Court Civil Case No. 590 of 2005 pending the hearing and determination of the applicant’s appeal.3. THAT the application for stay of execution be set down for inter-partes hearing at a date to be directed by this honourable court.4. THAT the applicants be at liberty to apply for further orders and or direction as this honourable court may deem fit and just to grant.5. THAT costs of this application be provided for.”The application which is supported by the…