RULING OF THE COURT
Nabil Hassan, the appellant in Civil Appeal No 159 of 2008, unsuccessfully moved the superior court for an order extending the time within which to enter an appeal against the decision of the Chief Magistrate’s Court in which that court dismissed objection proceedings he had filed. The superior court at the same time declined to grant an order of stay of execution of the order given by the subordinate court in Kisumu CMCC No. 738 of 1998. In the aforesaid appeal, Nabil Hassan challenges, principally, the aforesaid two decisions of the superior court.
The background facts are short and straightforward. Property known as Kisumu Municipality/Block 6/103, was attached in execution of decree in Kisumu CMCC No.738 OF 1998. By a notice dated 1st September, 2003, Nabil Hassan raised objection to that attachment pursuant to the provisions of Order XXI rule 53 of the Civil Procedure Rules. When the decree holder in that case intimated he intended to proceed with the attachment…