JOHN ELLOY O. NYASORO V. NATIONAL BANK OF KENYA LIMITED

RULING OF THE COURT

The applicant seeks an order under Rule 5(2)(b) of the Court of Appeal Rules that there be a stay of execution of the decree of the superior court in Nakuru H.C.C.C. NO. 374 of 1993 pending the hearing and determination of Nakuru Civil Appeal No. 19 of 2006.

The applicant on 15^th June, 2006 appealed against the judgment and decree of the superior court in Nakuru H.C.C.C NO. 374 of 1993 whereby the superior court entered judgment against the applicant for Shs.14,104,129/60 together with interest at 21% p.a.

The principles upon which this Court exercises its unfettered discretion to grant a stay of execution, among other things, are well settled. The discretion must be exercised judicially and before the court can exercise its discretion in favour of an applicant, the applicant must show both that the intended appeal or the appeal is arguable, that is to say, that it is not frivolous, and, secondly, that, unless the application for stay of execution is granted the inten…