RULING OF THE COURT
HARRIS HORN JUNIOR and HARRIS HORN SENIOR, the applicants, invite us to exercise our discretionary jurisdiction under rule 5(2) (b) of our Rules to firstly, order a stay of execution of the decree made on 16th June 2006 and all consequential orders thereto pursuant to the judgment of the superior court at Nakuru (Muga Apondi, J) pending the hearing and determination of the applicants’ appeal being Nakuru Civil Appeal No. 223 of 2007, and secondly; to stay any further proceedings in Nakuru HCCC No. 285 of 2004 pending disposal of the aforesaid appeal.
The primary facts giving rise to this application are briefly as follows. The applicants are father and son of Greek origin but resident in Kenya and both of them are directors of some companies one of them being Majani Mingi Sisal Estates Limited doing farming in Nakuru District. VIJAY MORJARIA, the respondent herein and the successful party in the suit in the superior court is a businessman based in Nakuru. According t…