RULING OF THE COURT
The application before us is brought under Article 164(3) of the Constitution, Sections 3A and 3B of the Appellate Jurisdiction Act and Rule 1(2), 5(2)(b) of the Court of Appeal Rules seeking inter alia an order to stay execution of the decree arising from the Judgment in H.C.C.C No. 2577 of 1990 pending the lodging, hearing and determination of an intended appeal to this Court.
The proceedings before the High Court were commenced through a plaint dated 25th May, 1990 where Duncan Nderitu Ndegwa, (the “1st
respondent”), filed suit against Kenya Pipeline Company Limited (the “applicant”) and L.Z. Engineering Construction Limited, (the “2nd respondent”). It was claimed in the suit that the 1st respondent was the owner of landed property known as L.R. No. 12422/22 situate at Karura in Nairobi and that the applicant was the registered owner of an adjacent parcel of land L.R. No. 12422/23. Further, that the applicant had contracted the 2nd respondent to develop its said pr…