JOB KILACH V. NATION MEDIA GROUP, SALABA AGENCIES LTD & MICHAEL RONO

RULING OF THE COURT

In this application expressed to be brought under rule 5(2)(b) of the Court of Appeal Rules, the applicant is Job Kilach, who was the 2^nd defendant in Nairobi High Court Civil Case No. 80 of 2003 with Salaba Agencies Limited and Michael Rono, as the first and third defendant respectively. The plaintiff in that suit was Nation Media Group Limited (the respondent). By this application the applicant prays for orders that there be a stay of execution of the decree in the aforestated suit pending the entering and determination of an intended appeal against that decree and costs.

The decree against the applicant arose out of a summary judgment which was entered against him pursuant to an application under O.XXXV rule 1 of the Civil Procedure Rules. The affidavit in support of that application essentially adopted the averments in the plaint. Paragraph 8 of the plaint lays the basis for the respondent’s claim. It states:

“8. By an undertaking dated 29/11/01 between the plaint…