RULING OF THE COURT
Before us is a notice of motion application dated 3rd August, 2020 in which the applicant prays for an order for stay of execution of the decree in Thika Chief Magistrates Court Civil Case No. 358 of 2016 “CMCC 358 of 2016”, and stay of proceedings in High Court Civil Appeal No. E035 of 2020 “HCCA No. E035 of 2020”, pending the hearing and determination of the intended appeal.
The application is brought under Rule 41 of the Court of Appeal Rules and Section 3, 3A and 3B of the Appellate Jurisdiction Act. It is premised on the grounds that; the applicant was aggrieved by the impugned ruling and intends to appeal; the 1st respondent had already proclaimed the applicant’s property and it is in imminent danger of being sold hence the applicant will suffer substantial loss; the intended appeal has high chances of success going by the draft memorandum of appeal annexed in the affidavit in support of the application; the application had been made timeously without undue del…