RULING
1.The Notice of Motion before this Court is dated 12th July 2021, and is brought by the Applicant herein under Rule 5(2)(b) of the Court of Appeal Rules. The Applicant seeks a stay of execution of the judgment delivered on 9th June 2020 in Mombasa High Court Case No. 11 of 2017 together with all other consequential orders pending the hearing of this appeal. The trial Court in the said judgment entered judgment against the Applicant to pay the Respondent the sum of Kshs 62,000,000/=, being the agreed purchase price for assorted block cutting machines, interest of 10% from 14th April 2013 until payment in full, together with costs.
2.The application is supported by affidavits sworn on 12th July 2021 and 3rd September 2021 by Dr. Mohammed Keinan Hassan, the Applicant’s Managing Director. The Applicant also annexed a copies of the impugned judgment and decree, a Notice of Appeal against the said judgement dated 15th June 2020 and lodged in the Court on 16th June 2020, and its memoran…