RULING OF THE COURT
1. By a Notice of Motion dated 23rd September 2020 and premised inter alia on Sections 21 and 24 of the Supreme Court Act as well as Rules 31 and 32 of the Supreme Court Rules, 2020, Kenya Hotel Properties Ltd, the Appellant/Applicant seeks a stay of execution of the Judgment and orders issued by the Court of Appeal in Civil Appeal No.149 of 2007, and/or the calling up of a Bank Guarantee No. DBK2007/030 issued by Development Bank of Kenya Limited for Kshs.70, 902,400.00, pending the hearing and determination of the Petition of Appeal herein.
2. From the record, the dispute between the Applicant and Willesden Investments Limited has been before the Superior Courts below for years and that is what led the Court of Appeal in Civil Appeal No.404 of 2018 to state that the
“... appeal and the totality of its antecedents is most disturbing, not least because the legal battle between its main protagonists has been within the corridors of justice in various forms…