RULING
July 13, 1988, Platt, Gachuhi and Masime JJA delivered the following Ruling.
On November, 13, 1986, Schofield, J decided the dispute between the plaintiff and the defendant. He dismissed the plaint with costs to the defendant and entered judgment for the defendant on the counterclaim, ordering the eviction of the plaintiff from the suit premises and granting the defendant certain mesne profits with interest. The plaintiff appealed by a notice to that effect on November 14, 1986. The plaintiff also applied for stay of execution on November 19, 1986. The latter application was heard by O’Connor, J who ordered that the stay of execution would be refused in the High Court, but that there would be a stay for four weeks pending an application to the Court of Appeal. The judge said that in his view there was not a sufficiently high degree of possible success in the appeal. Therefore the application was made in this court on June 12, 1987, under this court’s original jurisdiction provide…