RULING OF THE COURT
:In this application which is made under rule 5(2)(b) of the Court of Appeal Rules, the applicant is seeking a stay of execution of the order of the superior court given on 15th December, 2000 pending the lodging and determination of an intended appeal.
By a plaint dated and filed in the superior court on 22nd July, 1999, the respondent herein averred that on diverse dates between 26th June, 1995 and 30th October, 1996 and at the request of the applicant herein, it supplied and delivered to the applicant various anti-malarial equipment and drugs which were received and accepted by the applicant and have since not been paid for with the result that it has suffered loss and damage and continues to suffer the same. The invoice amount of money for these stores together with interest at the rate of 18% per annum as at 28th February, 1999 was K.Shs. 1,862,302,792/50 and continues to attract interest at the same rate from 1st March, 1999 until payment in full. It is this su…