JAMES G. K. NJOROGE T/A BARAKA TOOLS & HARDWARE V. APA INSURANCE COMPANY LIMITED, KENYA CEMENT MARKETING LIMITED, BAMBURI PORTLAND CEMENT CO. LTD & EAST AFRICAN PORTLAND CO. LTD

JUDGMENT OF HANNAH OKWENGU, JA

[1] This is an appeal originating from a suit that was filed in the High Court in Nairobi by James G. K. Njoroge T/A Baraka Tools and Hardware Limited (herein the appellant). He had initially sued Kenya Cement Marketing Limited (herein the 2^nd respondent), seeking damages for breach of contract and loss arising out of under delivery and wrong invoicing. The 2^nd respondent filed a defence denying the appellant’s claim. However, on the 16^th of June, 2006, judgment was entered against the 2^nd respondent and in favour of the appellant, and a decree was subsequently drawn to the tune of Kshs.43,208,518/36.

[2] On the 11^th July, 2006, following an application made by the 2^nd respondent, an order of stay of execution was issued by the High Court for ninety (90) days on condition that the 2^nd respondent deposits an insurance Bond within ten (10) days to guarantee payment of the decretal sum, failing which the order of stay was to lapse. In compliance with the cond…