RULING OF THE COURT
This is an application for stay of execution of the decree made in Kisii High Court Civil Case No. 40 of 2007. The application also seeks a stay of any further proceedings arising from that decree pending the filing, hearing and final determination of the applicant’s appeal to this court. It is based on the grounds that the Applicant has an arguable appeal which would be rendered nugatory if stay is not granted and that the Respondent has already attempted to execute the decree.
1. Basing himself on the averments in the affidavit in support of the application sworn by Gabriel OumaOtiende, the Applicant’s Legal Services Manager, Mr. Otieno, learned counsel for the Applicant, submitted that although the decree is incapable of being executed in that no specific amount was decreed, the Respondent is likely to file another suit to have the decretal sum assessed and thereafter proceed with the execution thus escalating the costs of litigation. He further submitted that as …