JAMES MUGO WAWERU V. BERNARD KEIROH KAMAU

RULING OF THE COURT

Before us is a notice of motion dated and filed on 12^th July, 2018, premised on section 3A and 7 of the Appellate Jurisdiction Act Cap 9 Laws of Kenya, Rules 4,5(2)(b) 42& 43(1) of the Court of Appeal Rules. Substantively the applicant seeks an order of stay of execution of the Judgment and decree of the ELC (Hon. Lady Justice K. Bor,), issued on 17^th April, 2018 in Nairobi ELC No. 215 of 2014 pending the hearing and determination of the intended appeal, together with an attendant order for provision for costs. It is supported by grounds in its body, a supporting and further affidavit together with annextures thereto. It has been opposed by a replying affidavit deposed by Benard Keiroh Kamau on 7^th March, 2019, and filed on 8^th March, 2019.

The application was canvased by way of oral submissions. Learned counsel Mrs. Caroline Chege, appeared for the applicant, while learned counsel Mr. Gachie S. Mwanzia appeared for the respondent.

Miss Chege submitted that the applic…