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JUDGMENT
This is an application under Rule 5(2)(b) of the rules of this Court by Patricia Hudges Scott and Duncan Scott, respectively mother and son, for an order for stay of execution in the High Court Civil Case No 1421 of 1987 of the interlocutory order made on June 4, 1987. It is deponed in the affidavit in support of the application that the applicants run the business at the City Hall Restaurant exclusively on a lease executed and registered between the first applicant and the landlord Nairobi City Commission, that if there is no stay of execution the applicants would be evicted and thereafter will be in breach of the contract and face litigation. Lastly, that the appeal if successful will be rendered nugatory unless execution is stayed. Mr Khaminwa for the appellants informed us that the second respondent is dead and that the applicants are shareholders and directors of the third respondent, Patrician Enterprises Ltd, which owns the business.
The main ground on which Mr Hira, for…