RULING OF THE COURT
1. On 11th May 2020, the High Court (L.W. Gitari, J.) delivered a judgment in which the learned judge issued orders against the applicant, inter alia, for specific performance of a contract to return all the goods to the respondent which are worth USD 107,896 equivalent to Kshs.10,789,600 and meet the cost of transport, clearance, export and import duty.
2. Being aggrieved by that judgment, the applicant lodged a notice of motion dated 16th June 2020 under certificate of urgency seeking orders for stay of execution of the judgment.
3. The notice of motion was anchored on grounds stated on the face of the application and a supporting affidavit sworn by Peter Maina Kiumi, one of the directors of the applicant company. In effect, the applicant is apprehensive that the impugned judgment, if enforced, will cause irreparable damage to the applicant since the respondent has already commenced attachment proceedings and has threatened to attach the applicant’s tools of trade.
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