WARDPA HOLDINGS LIMITED,PATRICK KANG'ETHE NJUGUNA, EDWARD KANG'ETHE NJUGUNA & GEORGE KANG'ETHE NJUGUNA V. EMMANUEL WAWERU LIMA MATHAI & HOUSING FINANCE CO. (K) LIMITED

RULING OF THE COURT

1. Wardpa Holdings Limited, Patrick Kang’ethe Njuguna, Edward Kang’ethe Njugunaand George Kang’ethe Njuguna, (hereinafter referred to as the 1^st, 2^nd, 3^rd and 4^th applicants) have moved this court under Rule 5 (2) (b) of the Court of Appeal Rules seeking orders as follows:

(i) That the ruling and order made on the 9^th day of February, 2010 in High Court Milimani Civil Suit No. 634 of 2008, Emmanuel Waweru Lima Mathai ~vs~ Housing Finance Company of Kenya Limited and 4 Others, sentencing the 2^nd, 3^rd and 4^th applicants to a fine of Kshs. 1,000,000/- each or in default each to serve Ninety (90) days in prison for contempt of court, and requiring them to compensate the plaintiff and the court to assess the same, together with all consequential orders in respect of the matter, be stayed pending the lodging, hearing and determination of the applicant’s intended appeal.

(ii) That there be a stay of any further proceedings in High Court Milimani Civil Suit No. 634 of 2008 Em…