RULING OF THE COURT
The applicant invites us to exercise our discretionary jurisdiction under rule 5(2)(b) of the Court of Appeal Rules to grant the following orders that:
1. Execution of the judgment in Nakuru High Court Civil Case No. 303 of 1995 dated 10th June, 1996 be stayed until the determination of the intended appeal.
2. Alternatively, that the inhibition registered against the suit property Title No. Nakuru Municipality/Block 9/90 be reconfirmed until the determination of the intended appeal.
However, before Mr. Nyamu, counsel for the applicant, opened his submissions Mr. Ochieng-Odhiambo, counsel for the respondent, took a preliminary point as regards the jurisdiction of this Court to entertain the application. He submitted that the appeal having
been struck out on 24th September, 1996 the applicant had to seek leave to lodge a fresh notice of appeal and the intended appeal out of time and that not having done so, this Court lacked jurisdiction to entertain this applicat…