<p class="ql-align-center"><strong>RULING OF THE COURT</strong></p><p>This application by notice of motion under <em>rule 5(2)(b)</em> of the Court of Appeal Rules dated 22^nd April, 2010 and filed in Court on 10^th May, 2010 seeks a stay of execution and stay of further proceedings in Nairobi <em>High Court Divorce Cause No. [.....]</em> and that the costs thereof be provided for. The same is based on the grounds set out in the body thereof and also on the supporting affidavit. The main grounds set out on the body thereof are that unless stay of execution is granted as a matter of urgency, before the hearing of the appeal, the appeal’s result, should it succeed, will be rendered nugatory and will occasion loss and prejudice to the applicant. The applicant reproduced in the application the grounds set out in the draft memorandum of appeal attached thereto and the averments in the affidavit to demonstrate that the appeal is arguable and that he has no capacity to pay to the respondent the monthly amount for her maintenance and the payment of his son’s sch…</p>