JUDGMENT OF THE COURT
On 22nd may, 2002, the respondent in this appeal Blue Shield Insurance Co. Ltd., through its advocates, filed a Notice of Motion in the High Court of Kenya at Meru against the appellant Edward Njage Nkariama, the Legal Representative of the estate of Fredrick Mutegi Njage alias Manager. As the same Notice of Motion is important for this judgment, we reproduce it here below:-
“NOTICE OF MOTION UNDER SECTIONS 79 (G) 3 AND 3A AND ORDER XLI RULE 4 OF THE CIVIL PROCEUDRE RULES.
TAKE NOTICE that this court will be moved on the 30th day May, (sic) 2002 at 9.00 O’Clock or soon thereafter as the counsel for the applicant for the orders (sic):-
1. That this application be certified urgent and be heard ex-parte initially.
2. That this Honourable Court be pleased to grant leave to appeal against the judgment of the Senior Principal Magistrate dated 22nd January, 2002 in CMCC No. 462 of 2000.
3. That this Honourable Court be pleased to order stay of execution of the decree in CMCC…