EQUITY BANK LIMITED
V.
WEST LINK MBO LIMITED

RULING OF GITHINJI, J.A.:

[1] This Ruling relates to a preliminary objection raised by the Respondent to the jurisdiction of this Court to entertain an application under Rule 5(2) (b) of the Court of Appeal Rules for interim reliefs pending appeal.

The applicant Equity Bank Limited intends to appeal against the Ruling of the High Court (Muga Apondi J) delivered on 4^th February 2010 whereby the High Court struck out the applicant\\\'s defence on the ground that it disclosed no reasonable cause of action and thereby entered Judgement in favour of the Respondent for shs. 39,720,000. The applicant has manifested an intention to appeal by lodging a Notice of Appeal in the High Court on 9^th February 2010 in compliance with Rule 75 (1) of the Court of Appeal Rule (Rules).

[2] Meanwhile, the applicant has filed an application by way of Notice of Motion dated 30^th March, 2011 under Rule 5(2) (b) of the Rules seeking a stay of execution of the decision of the High Court pending the lodging, hearin…