RULING OF THE COURT
The applicant who is a practicing Gynecologist in Nairobi seeks stay of orders of maintenance mandate lite made against him by the superior court on 15th October, 1997 on the grounds that he is unable to pay the sum in question. He has produced his auditor's reports of the accounts for three years. In 1995 he earned net sum of Shs.78,000 at odd. The learned judge in the superior court ordered that he pays Shs.45,000 per month effective 1st November, 1997.
The applicant concedes that he has not paid a single cent and has therefore made no attempt whatsoever to comply with the order of the superior court.
Whatever be the merits of the intended appeal, we are at this stage, not able to quite forecast the same. The second issue we have to consider is whether the appeal, if successful, will be rendered nugatory. There is already an attachment order issued and it appears that the warrant may be executed any moment now. Auctioning of properties attached may not eventually be…