WARDPA HOLDINGS LIMITED, PATRICK KANG'ETHE NJUGUNA, EDWARD KANG'ETHE NJUGUNA & GEORGE KANG'ETHE NJUGUNA V. . EMMANUEL WAWERU LIMA MATHAI & HOUSING FINANCE COMPANY OF KENYA LIMITED

RULING OF THE COURT

The application dated 14^th December, 2009 has been brought under rule 5(2)(b) of this Court’s Rules. It seeks the following substantive orders:-

1. The order made on 11^th December, 2009 in High Court Milimani Civil Suit No. 634 of 2008, Emmanuel Waweru Lima Mathai v. Housing Finance Company of Kenya Limited and 4 others, convicting the 2^nd, 3^rd and 4^th applicants of contempt of court and requiring their attendance in court on 21^st January, 2010 to show cause why they should not be punished together with all consequential orders in respect of the conviction, be stayed pending the lodging, hearing and determination of the appellants’ intended appeal.

2. The proceedings in High Court Milimani Civil Suit No.634 of 2008, Emmanuel Waweru Lima Mathai v. Housing Finance Company of Kenya Limited and 4 others be stayed pending the lodging, hearing and determination of the applicants’ intended appeal.

The material background facts are that, by a ruling made on 11^th December, 2009…