RULING OF THE COURT
Before the Court is a Notice of Motion dated the 16th day of February, 2015 and lodged in this Courts sub registry at Nakuru on the 16th day of June 2015. It is brought under rule 5(2)(b) of the Court of Appeal Rules.
Its subject heading indicates explicitly thus:-
“Being an application for stay of execution from the ruling of Nakuru H.C.C.C No. 233 of 2014 pending the hearing and determination of an intended appeal against the whole of the ruling of Hon. Judge H. A. Omondi delivered on 29th day of January 2015 at Nairobi.”
Contrary to the substantive heading set out above, the substantive prayers of the application read as follows:-
“2. That pending inter parties hearing here this Honourable Court be pleased to grant an order of interim stay of execution of the consent order and resultant decree issued on the 14th June, 2011 in Nakuru H.C.C.C 223 of 2004
3.That pending the hearing and determination of the intended appeal, this Honourable Court be pleased to grant an ord…