PETER MAINA MAINGI V. LUCY KAGURE WANJOHI

RULING OF THE COURT

The application before us expressed to have been filed under rule 5(2)(b) of the Court of Appeal Rules seeks the following orders:-

“1. ...

2. That pending hearing and determination of this application, inter parties there be a stay of execution of the decree passed on 23^rd March, 2005 in Nyahururu PMCC No. 140 of 2003 and confirmed in Nakuru H.C.C.A. No. 66 of 2005

3. That pending hearing and determination of Civil Appeal No. 95 of 2010 by this honourable Court, there be a stay of execution of the decree passed on 23^rd March, 2005 in Nyahururu PMCC No. 140 of 2003 and confirmed in Nakuru HCCA No. 66 of 2005.4. That costs of this application be provided for.

The application as grounded on the grounds set out on the face thereof; namely:

(a) Notice of Appeal was filed on 7^th April, 2010 pursuant to leave granted on 1^st April, 2010 against dismissal of the applicant’s appeal in NAKURU H.C.CA. No. 66 of 2005.

(b) A record of Appeal was subsequently filed on 21^st April, 20…