RULING OF THE COURT
This is an application under Rule 5 (2) (b) of the Court of Appeal Rules for two orders, namely, that the execution of the judgment of the superior court, (Nambuye J.) in Nairobi H.C.C.C. No. 1208 of 2003 delivered on 18th December, 2008 be stayed pending the lodging, hearing and determination of the intended appeal and that the proceedings in Nairobi H.C.C.C. No. 1208 of 2003 pursuant to the said judgment be stayed pending appeal.
The applicants intend to appeal against the judgment of the superior court (Nambuye J) dated 18th December, 2008 whereby the superior court entered judgment against the applicants jointly and severally for a total sum of Shs.928,412,068/50 plus interest and costs for wrongful suspension of the respondent’s AIR OPERATIONS CERTIFICATE (AOC) No. 128. The judgment of the superior court is voluminous. It runs to 312 pages and deals with various issues of both facts and law. For purposes of this application, we will give a synopsis of the facts …