RULING
Madan JA The applicant’s application for stay of execution having been refused in the first instance by the High Court from whose order an appeal is intended to be taken, the applicant has made an application to this court under Order XLI rule 4 of the Civil Procedure Rules for an order to stay.
On January 9, 1979, the High Court dismissed the applicant’s application for issue of prerogative orders of Prohibition and Mandamus to be addressed to the Nairobi Rent Restriction Tribunal. The applicant was granted a temporary order of prohibition on June 22, 1978 of assessment of standard rent of the suit premises by the Tribunal which was rescinded by the order of January 9, 1979. If this application succeeds, the temporary order of prohibition would be restored pending the hearing of the appeal against the Order dated January 9, 1979.
In the course of his ruling refusing to stay execution, the learned judge said:
“I have of course anxiously considered whether by refusing the applicatio…