HAITHAR HAJI ABDI & ABDI HAITHAR HAJI V. SOUTHDOWNS DEVELOPERS LIMITED

RULING OF THE COURT

The applicants’ Notice of Motion dated 14^th May, 2013 is brought under Rule 5 (2) (b) of the Court of Appeal Rules and seeks an order for stay of execution of the judgment and decree of the High Court (Mutungi, J) dated 29^th April, 2013, pending the filing, hearing and determination of an intended appeal. The applicants also pray for costs of the application.

The grounds upon which the motion is based are that the applicants have filed a notice of appeal against the said judgment and have applied for copies of the proceedings; the intended appeal raises arguable points with high chances of success and the same will be rendered nugatory if a stay of execution is not granted; it is in the interest of justice to grant the orders sought and that in any event such orders, if granted, will not occasion the respondent any prejudice.

The motion is supported by an affidavit sworn by the first applicant on 14^th May, 2013, which seeks to demonstrate the arguable appeal presented…