BONTEMPI LUIGI & ANOR
V.
SHARRIF MOHAMED A. OMAR & ANOR

RULING OF THE COURT

This is an application under Rule 5 (2) (b) and Rule 1 (3) of the Court of Appeal Rules for stay of execution of the order and ruling of the superior court (Azangalala, J.) dated 31^st July, 2009 pending hearing and determination of the appeal against the order and the ruling. The 1^st and 2^nd applicants were the 1^st and 4^th defendants respectively in Mombasa High Court Civil Suit No. 255 of 1995 filed by the 1^st and 2^nd respondents herein as 1^st plaintiff and 2^nd plaintiff respectively.

The 1^st respondent (Omar) was originally the sole plaintiff in the suit and the 2^nd respondent Bouganvillae Cottages Ltd. (Company) was originally sued as the 2^nd defendant, while Bruno Turato was the 3^rd defendant. The judgment of the superior court delivered on 26^th July, 2007 shows that by an application dated 3^rd October, 2002, the 1^st applicant applied for an order that the company be removed as 2^nd defendant instead and be made the 2^nd plaintiff in suit and that the superior cour…