JOHN B. MUYA & MRS R. W. KUNYIHA & SAFINA PROPERTIES LIMITED V. ELKANA MUKUNDI GATIMU & KENYUA NGUNJIRI

RULING OF THE COURT

The applicants, JOHN B. M. MUYA, R.W. KUNYIHA and SAFINA PROPERTIES LIMITED, filed a Notice of Motion dated 19^th July, 2013 under Rule 5(2) (b) of this Court’s Rules. In the main, the applicants sought an order to the effect that “........ pending the hearing and determination of the intended appeal and appeal herein filed or to be filed, there be and is a stay of execution of the judgment and decree delivered on the 29^th January, 2013 in NBI HCCC No. 611 of 2004.”

The application was supported by the affidavit of JOHN B. M. MUYA sworn on 19^th July, 2013 on his own behalf and on behalf of the other two applicants. He deponed that the impugned judgment had the effect of grounding the company and the undesirable position of nominating a Third Party, to wit the Registrar of Companies to run the affairs of the company; that the company was faced with substantial loss as the court had decreed that all the resolutions and declarations made on 25^th May, 2004 and thereafter …