E. MURIU KAMAU & ANOTHER V. NATIONAL BANK OF KENYA LIMITED

RULING OF THE COURT

The application dated 26^th August, 2009 seeks an order of stay of execution of the judgment or decree of the superior court given on 13^th May, 2009 in the superior court Civil Suit number H. C. C. C. 539 of 2004 pending the hearing and determination of the applicant’s intended appeal.

The application is brought under Rule 5 (2) (b) of the Court of Appeal Rules.

The gist of the judgment in the superior court is that the applicant which is a law firm were negligent in offering services or advice to their client respondent bank. In the judgment the bank was awarded approximately Kshs.27 million being the loss incurred by the bank as a result of the negligence on the part of the law firm. The law firm has filed a notice of appeal and is in the process of filing a record of appeal against the judgment of the superior court, (Warsame, J) dated 13^th May, 2009.

The grounds in support of the application have been set out in detail in the affidavit of Njoroge Nani Mungai a partn…