JAMES MWANGI NJEHIA & JANETTA WANJIKU MWANGI V. SIMON KAMAU

RULING OF THE COURT

Before us is a Notice of Motion dated the 27^th November, 2018 and lodged on the 29^th November, 2018, brought under Rule 5(2) (b) of the Court of Appeal Rules. One substantive prayer is sought namely that, there be a stay of execution of the order made by the Learned Judge, delivered on the 1^st of November, 2018 in ELC No.1818 of 2002, pending the hearing and determination of the intended appeal, together with an attendant prayer that costs of the application be in the intended appeal. It is supported by grounds in its body, a supporting and supplementary affidavits together with annextures thereto. It has been opposed by a replying affidavit of Simon Kamanu, deposed on 19^th December, 2018 and lodged on 21^st December, 2018, together with anextures thereto. It was canvased by way of oral submissions. Learned counsel Mrs. Judith Guserwa appeared for the applicants, while learned counsel Mr. Simon Kamere appeared for the respondent.

In support of the application, the app…