RULING OF THE COURT
Before us is a Notice of Motion application by ELEGANCE INVESTMENT LIMITED, hereinafter referred to as the 1st applicant and JOYCE AKINYI OCHIENG, hereinafter the 2nd applicant dated 16th December, 2014, expressed to be brought under Rules 5(2)(b) of the Court of Appeal Rules, seeking the following order:
That there be a stay of execution of the decree issued in the Winding Up Cause Number 19 of 2009 on 19th May 2014 by the Honourable Justice E.K. Ogola pending the hearing and determination of the intended Appeal.
The application is premised on the grounds on the face of the application and supported by the affidavit of the 2nd applicant, a Director and a shareholder of the 1st applicant, sworn on 16th December, 2014, which makes the following averments:
The 1st applicant has been wound up pursuant to a judgment delivered by Justice E.K. Ogola on 19th May 2014 and the respondent intends to execute the decree issued to wind up the 1st applicant.
That if the ex…