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R U L I N G
This matter is before me pursuant to Rule 47(5) of the Court of Appeal Rules on the issue of urgency. Mr. Kasamani for the applicant urged me to certify the matter as urgent on the ground that the sum involved was large (shs.2.7 million) and that the respondent was a foreign national. Mr. Magan for the respondent, in opposing this application pointed out that the order sought has been overtaken by events since execution has already taken place.
What the applicant wants to be certified as urgent is an application for stay of execution of an order in which the applicant was ordered to pay Shs.2,666,659/60 to the respondent. It must be pointed out that this amount has already been paid to the respondent.
In his replying affidavit Mr. Magan depones inter alia:-
"4.As at the time when the Application was filed, the Applicant had given to Shapley Barret and Co. Advocates two cheques in total sum of Kshs.2,666,659.60 cts towards payment of the decretal sum.
5.The said cheques were pre…