IN THE COURT OF APPEAL
AT NAIROBI
(Coram: Platt, Gachuhi JJA and Masime Ag JA)
CIVIL APPLICATION NO NAI 3 OF 1988
BETWEEN
GITAHI and ANOTHER................................................ APPELLANT
AND
WARUGONGO....................................................RESPONDENT
(Application for stay of execution pending appeal from a judgment of the High Court at Mombasa, Bosire J)
RULING
February 17, 1988, Platt, Gachuhi JJA and Masime Ag JA delivered the following Ruling.
On January 29, 1988, at Mombasa, the court decided to grant a stay of execution upon terms that the respondent pay Kshs 100,000 to the widow (on certain terms as to disbursement amongst the widow and her children), and the balance was to be secured. A banker’s guarantee was proposed.
But Mr Wambua was unable to be present in court, and therefore the matter was stood over to be mentioned in Nairobi to make sure of the final terms.
Now here in Nairobi, Mr Muthoga appeared for Mr Gikandi. Mr Wambua accepted the terms proposed. He offe…