RULING OF THE COURT
This Notice of Motion dated 24th September 2019 is brought by the applicant, Board of Governors of Our Lady of Mercy Girls Secondary School pursuant to a ruling of the High Court (Githua, J) delivered on 3rd July 2019 and seeks orders of stay of execution of the orders of the High Court pending the hearing and determination of this motion, and the intended appeal. The motion was brought on grounds that the respondent, Castle Investments Company Limited had already taken steps to execute the orders; that the appeal was arguable, and that the applicant would suffer irreparable harm if the orders were executed.
The background to the application is, that in a contract entered into between the parties, the respondent was contracted to construct an office and a classroom block for the applicant. After the construction was completed, the respondent demanded payment of a sum of Kshs. 677,320 which amount the applicant refused to pay for the reason that the construction works…