RULING OF THE COURT
Before us is an application by way of a notice of motion dated 6th March, 2012. The application is expressed to be brought under Rule 5 (2) (b) of the Court of Appeal Rules for stay of execution and stay of proceedings pursuant to the orders from the Ruling of 8th December, 2011, by Ogola, J in HCCC NO. 77 OF 2011.
By an agreement [the agreement] made on the 18th day of December, 2006, between the 1st defendant [applicant herein] and the plaintiff [the 1st respondent herein], the latter contracted the 1st respondent to construct on its behalf and benefit forty [40] housing units on L.R. No. 209/13535 [the suit property]situated along Lang’ata Road, Nairobi. The property was charged in favour of the 2nd respondent for KShs.75 million by a charge dated 24th August, 2008. It is alleged that it was expressly provided in clause 34 of the said agreement that the applicant would pay to the 1st respondent such sums as would from time to time become due and payable under the …