PERIS WAKIURU GAITA V. GRACE WANJIRU MBUGUA

RULING OF BOSIRE, JA

Before us is a motion expressed to be brought under rules 5 (2) (b) and 42 of the Court of Appeal Rules. It is now well settled that for an applicant to succeed in an application under rule 5 (2) (b), aforesaid, he must show that his appeal or intended appeal is not only arguable, but also that unless he is granted an injunction or stay as the case might be, his appeal on intended appeal if successful shall be rendered nugatory. For clarity, the applicant must satisfy both conditions.

What is the applicant’s case? The applicant is Peris Wakiuru Gaita. She was the objector in Nairobi High Court Civil Case No. 1108 of 2005 in which Grace Wanjiru Mbugua had successfully sued Phillip Karumi Matu for the recovery of Kshs.4,320,000/= with costs and interest. Decree issued and execution followed. An auctioneer proceeded to house No. DB3 located at plot No.L.R 13425/8 and attached a wall unit, Sony colour T.V set, sofa set, Sony VCD, music system with its speakers, cooker, …