<p class="ql-align-justify">RULING OF THE COURT</p><p class="ql-align-justify">The motion before us dated 25^th November 2010 is brought under Rule 5(2)(b) of the Court of Appeal Rules and seeks an order of stay of execution of the ruling and/or orders of the High Court made on 22^nd October 2010 pending the hearing and determination of an intended appeal from the same.</p><p class="ql-align-justify">The grounds on which the application is premised appear on the face of the motion and can be summarized as follows:-</p><p class="ql-align-justify">The applicant was required by the ruling to deposit some KShs.2,900,000 within fourteen days yet he, as an advocate, had previously forwarded the same to his client.</p><p class="ql-align-justify">The applicant ‘sincerely fears’ irreparable loss yet he derived no benefit from the said sums, hence it is grossly unjust.</p><p class="ql-align-justify">The motion is supported by the affidavit of NELSON MUTAI the applicant, expressed as sworn on 25^th November 2013. It is to the effect that the applicant was engaged by the vendor in a transaction for the sale of L.R. 209/8275/20 that collapsed. The purchaser made payment of some KShs.3…</p>