RULING OF THE COURT
The applicant, Murungi Kirigia filed a Notice of Motion dated 2nd June, 2017 and sought the following prayers:-
2.That the Honourable Court do issue a stay of execution of the judgment read on 9th July, 2009 and on any subsequent orders and/or decree extracted therefrom pending filing of the intended appeal and/or pending the hearing of this application inter-parties. (sic)
3.That the Honourable court do issue a stay of execution of the judgment read on 9th July, 2009 and on any subsequent orders and/or decree extracted therefrom pending the hearing and determination of the intended appeal.
4. That the Honourable court be pleased to grant the appellant leave to file appeal out of time.
5. That the appellant draft record of appeal hereto be deemed as properly filed and served upon payment of the requisite fees.
6. That costs for this application be provided for.”
The motion was supported by the affidavit of the applicant sworn on 2nd June, 2017 in which he depone…