RULING OF THE COURT
This application expressed to be brought under rule 5(2)(b) of the Rules of this Court seeks a stay of execution of the orders made by the superior court at Nairobi on 24th June, 2004 and on 25th February, 2005 in H.C.C.C. No. 832 of 2002, pending the filing and determination of an intended appeal.
By a plaint dated 15th May, 2002, the respondent sought judgment against the applicant for Shs.676,000/= in respect of rents due to it for the months of June, 1999 to August, 2001 at the rate of Shs.26,000/= per month.
The applicant duly filed a statement of defence and also lodged a counter-claim and/or set-off. However, on 24th June, 2004 his defence was struck out on the ground that he had not made discovery on oath of the documents which were or had been in his possession or power relating to the matters in question in the suit. Subsequently, judgment was entered against him and for the respondent. It transpired later that all attempts to set that judgment aside have be…