DANIEL MAINA NJOROGE V. JAMES NDEGWA GITITU

RULING OF THE COURT

Before us is a Notice of Motion dated 24th May, 2016 under Rules 1(2) and 5(2)(b) of the Court of Appeal Rules, and all enabling provisions of law, substantively seeking an order of stay of execution of the decision of Hon. A. Ombwayo, J. dated 11th February, 2015 and delivered on 18th February, 2015 in HCCA No. 56 of 2011 pending lodgment, hearing and determination of the intended appeal of the applicant herein and an order that costs incidental to this application be costs in the intended appeal.

It is supported by grounds on its body, a supporting affidavit and further affidavit of Daniel Maina Njoroge, the applicant herein together with annextures thereto. It has been opposed by a replying affidavit of James Ndegwa Gititu, the respondent, sworn on 4th August, 2016 together with annextures thereto. It was canvassed virtually through rival pleadings of the respective parties herein and legal authorities filed by the respondent in support of his opposition to the ap…