RULING OF THE COURT
This is an application by the unsuccessful defendant made under the provisions of rule 5(2)(b) of the Rules of this Court, for stay of execution of the decree of the superior court (Nyamu J) given on 7th February, 2003. It seeks a stay pending the determination of the intended appeal from the said decision.
The plaintiff's claim against the defendant was for a sum of Shs.2,400,000/- being sum due and owed by the defendant to the plaintiff for goods sold by the plaintiff to the defendant, at the defendant's request and order during the year 1997. This claim was denied by the defendant in an amended statement of defence which also included a counterclaim.The plaintiff took out a Notice of Motion under Order XXXV rule 1 of the Civil Procedure Rules seeking judgment against the defendant for the said claim of Shs.2,400,000/-. Having considered the submissions of counsel appearing for both parties the learned Judge expressed himself thus:
"It is clear to me from the eviden…