CASE TRADING COMPANY LIMITED
V.
VISHAK BUILDERS LIMITED & ANOTHER

RULING OF THE COURT

Before us is an application by way of a notice of motion dated 6^th 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 8^th December, 2011, by Ogola, J in HCCC NO. 77 OF 2011.

By an agreement [the agreement] made on the 18^th day of December, 2006, between the 1^st defendant [applicant herein] and the plaintiff [the 1^st respondent herein], the latter contracted the 1^st 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 2^nd respondent for KShs.75 million by a charge dated 24^th August, 2008. It is alleged that it was expressly provided in clause 34 of the said agreement that the applicant would pay to the 1^st respondent such sums as would from time to time become due and payable under the …