JUDGMENT
The Industrial and Commercial Development Corporation, the appellant, asks this court to reverse a ruling of the High Court (Chesoni J as he then was) of August 19, 1982 and make J Kemuma, Onyando, S Obegi Kababe, J Nyaota Oriki and J Oriki, who trade in Kisii as the “Friends Bakery”, the respondents, pay the costs of the appeal and the proceedings in the High Court. The ruling was given in answer to an ex parte summons in chambers of August 19, 1982 of the respondents expressed to be brought under rule 3(2) of the High Court (Practice and Procedure) Rules, section 3A and order XXI rule 25 of the Civil Procedure Rules. The respondents asked the High Court judge to hear the application in vacation which was granted under the provision of rule 3(1) of the High Court (Practice and Procedure) Rules. (I think with respect, rule 3(2) is the correct subrule for this). The respondents also asked (at the last moment) for a stay of execution of the decree passed in the suit because the …