UNIVERSITY OF NAIROBI V. RICATTI BUSINESS OF EAST AFRICA

RULING OF THE COURT

1. University of Nairobi (the applicant) has moved this Court by a notice of motion dated 13th February, 2020 under Rule 5(2)b of the Rules of this Court seeking in the main an order that:-

“This honourable Court, pending hearing and determination of the intended appeal, be pleased to stay execution of the entire judgment of the High Court (Commercial and Admiralty Division) at Nairobi arising from the judgment of the Honourable Justice F. Tuiyott issued and delivered on 6th December, 2019 in HCCC No. 73 of 2015; Ricatti Business College of East Africa v. University of Nairobi where the Honourable Judge entered judgment in favour of the respondent as against the applicant herein in the sum of Ksh. 7,492,550.00 plus costs and interest.”

2. According to the applicant, it has an arguable appeal which will be rendered nugatory if stay orders are not granted. The applicant however, offers to deposit the “Judgment sum” with the court as security pending the hearing and dete…