RODGERS ABISAI T/A ABISAI & COMPANY ADVOCATES V. WACHIRA WARURU & STANDARD LTD

RULING OF THE COURT

In a judgment dated and delivered at Kisii on 18th May, 2007, Kaburu Bauni, J. (as he then was) entered judgment for the applicant in this application dated 31st March, 2014, Rodgers Abisai t/a Abisai and Company, Advocates who was the plaintiff in the High Court of Kenya at Kisii Civil Case Number 52 of 2001 against the respondents in this Notice of Motion Wachira Waruru and The Standard Ltd who were the Defendants in that case in the total sum of Kshs.6,500,000/= together with costs of the suit and interest at Court's rates from the date of that judgment.

The respondents felt aggrieved. They filed Notice of Appeal against that decision through their then firm of advocates M/S Mohammed and Muigai. That Notice of Appeal was dated 23rd May, 2007, but was filed on 25th May, 2007. The record before us indicates that the respondents also filed in this Court, Notice of Motion seeking stay of the execution of that decree vide Civil Application No. 141 “B” of 2007 and that …