RULING OF THE COURT
1. COAST WATER SERVICE BOARD, the applicant herein comes to this Court vide the notice of motion dated 12th February, 2013 and filed herein on 15th February, 2013. It is an application seeking stay of execution pending lodging, hearing and determination of an intended appeal and for leave to lodge an appeal out of time from the judgment and decree of Wasilwa J delivered on 23rd October, 2012.
2. The motion is grounded on the basis that delay in proceeding appropriately was caused by inadvertence on the part of the applicant in not placing before the applicant?s chief executive officer a letter communicating the contents of the judgment, and that by the time the Chief Executive Officer of the respondent was made aware of the judgment, time for lodging the notice of appeal had long lapsed. The further ground is that the respondent would not suffer any prejudice by a grant of stay of execution and further that the intended appeal has „overwhelming chances of success?.
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