RULING OF THE COURT
The applicant, BARCLAYS BANK OF KENYA LIMITED, by this application expressed to be brought under rule 5(2)(b) of this Court’s Rules seeks an order for stay of execution of the judgment of the superior court made in Nairobi HCCC No. 1250 of 2003 and delivered on 26th September, 2008 pending the hearing and determination of the applicant’s intended appeal. This application is made on the following grounds:-
“1. The applicants (sic) have an arguable appeal with good prospects of success as follows:-
(i) THAT the learned Judge erred in failing to appreciate sufficiently or at all that the pleadings, documents filed in court, evidence and submissions made before her disclosed that the plaintiff’s claim as pleaded had been paid to the extent of Kshs.6,000,120.
(ii) THAT the learned Judge made a fundamental error of law and of fact in finding that the respondent was entitled to payment of Kshs.6,104,050 when the same had substantially been settled prior to the filing of the s…