RULING OF THE COURT
By way of a motion on notice, the applicant seeks an order of stay of execution of the judgment of the High Court made on 23rd January 2015. In the suit before the High Court, the applicant had sued the 1st respondent for the breach of an agreement for the sale of the parcel of land known as Dagoretti/Riruta/4170 (the suit premises). The applicant alleged that after entering into a contract for the sale of the suit premises, the 1st respondent purported to repudiate the contract and thereafter entered into another contract with the 2nd respondent for the sale of the suit property. That suit was dismissed with costs to the respondents. The applicant is aggrieved with the order of the High Court and intends to appeal against it. To that end he has filed a notice of intention to appeal and has also filed this application seeking a stay of execution of those orders.
In an application of this nature, the onus lies on the applicant to demonstrate to this Court that first t…