RULING OF THE COURT
By its Notice of Motion taken out on 20th June 2014 under rule 5(2)(b) of the Court of Appeal Rules, the applicant, Consolidated Bank of Kenya Limited, seeks in the main, stay of execution of the ruling and order of the High Court (Ogola J.) dated 19th May 2014. By that ruling the learned judge partly varied a consent judgment entered into between the parties herein on 29th June 2011. The applicant avers that it has filed a Notice of Appeal evincing intention to appeal against the said ruling; that it has an arguable appeal and that unless this Court orders stay of execution of the High Court’s order, its intended appeal shall be rendered nugatory.
The application is opposed by the respondents, Florence Wairimu Mbugua and Slyvia Murugi Mbugua who are two of the four administrators of the estate of the late Joseph Kiarie Mbugua. The other two administrators Grace Wanjiku Mbugua and Peter Chege Kiarie are ambivalent while Timber Manufacturers and Dealers Ltd, the Third…