ELEGANCE INVESTMENT LIMITED & JOYCE AKINYI OCHIENG V. ANTHONY CHINEDU IFEDIGBO

RULING OF THE COURT

Background

Before us is a Notice of Motion application by ELEGANCE INVESTMENT LIMITED, hereinafter referred to as the 1^st applicant and JOYCE AKINYI OCHIENG, hereinafter the 2^nd applicant dated 16^th 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 19^th 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 2^nd applicant, a Director and a shareholder of the 1^st applicant, sworn on 16^th December, 2014, which makes the following averments:

The 1^st applicant has been wound up pursuant to a judgment delivered by Justice E.K. Ogola on 19^th May 2014 and the respondent intends to execute the decree issued to wind up the 1^st applicant.

That if the ex…