IN THE COURT OF APPEAL
AT NAIROBI
(CORAM: GICHERU JA, CHESONI and COCKAR Ag JJ A)
CIVIL APPLICATION NO NAI 15 OF 1990
HALAI and ANOTHER .................................. APPLICANTS
VERSUS
THORNTON and TURPIN (1963) LTD.......... RESPONDENTS
(Application for stay of execution in an intendwed appeal from a judgment and decree of the High Court at Nairobi, Shields J, dated 6th February, 1990 in HCCC No 4811 of 1986)
RULING
On February 6, 1990, the High Court (Shields, J) gave judgment for the respondent against the applicants for Kshs 2,429,340 plus costs. The respondent was a sub-contractor to the applicants in a construction development in Nairobi. Out of the sum of Kshs 11,738,000 certified by the architects as due to the respondent by the applicants the latter had paid Kshs 9,442,800 leaving a balance of Kshs 2,295,200 to which the special damages of Kshs 134,140 were added.
The applicants first applied to the superior court for a stay of execution on February 27, 1990, and on March 28, 1990 …