R U L I N G
[1] This appeal, brought as of right under Article 163(4)(a) of the Constitution, arises from a running down claim that originated in the High Court in which Kasanga Mulwa, J awarded the appellant Kshs.2,495,425/-. The respondent evinced his intention to appeal against that decision by filing a notice of appeal. To forestall the appeal, the parties’ advocates compromised the decree at Kshs.1,898,978/- and executed and filed a consent to that effect. After the said sum of Kshs.1,898,978/- had been paid in full to the appellant and he had executed a discharge voucher, on the grounds that though filed in court, the consent having not been transmuted into a court order a nullity, the appellant disowned the consent and applied to execute the decree to recover the balance of the decretal sum. In an application by the respondent to set aside those execution proceedings, the appellant also contended that the respondent having filed a notice of appeal, the High Court was functus off…