JARIBU HOLDINGS LTD V. KENYA COMMERCIAL BANK LTD

RULING OF THE COURT

In a reserved judgment which he delivered on 26^th November, 2007 in a suit commenced by plaint for delivery of possession of premises of land known as LR. NO. 209/378/10, Warsame J. decreed thus:

“I direct the defendant to give vacant possession of the suit premises within the next 15 days failure of which the plaintiff shall be entitled to an order of eviction. The Plaintiff is also entitled to payment of all rents due and owing, plus costs of this suit.”

The defendant, Jaribu Holdings Limited, wants to appeal to this Court against that decree, and has applied under rule 5 (2)(b) of the Court’s Rules for an order of “stay of execution of the judgment and decree of Hon. Justice Mohamed Warsame delivered on 26^th November 2007 pending the lodging and hearing of an intended appeal against the said judgment and decree.”

It is trite law that for an applicant under rule 5(2)(b), above, to succeed, he has to satisfy the Court on two well settled principles.

First, that its app…