RULING OF THE COURT
1. This is an application by HOUSING FINANCE COMPANY OF KENYA, the applicant, under rule 5(2) (b) of the Rules of this Court for, inter alia, an interim stay of execution pending the determination of an intended appeal against the decision of the superior court below (Khaminwa J, as she then was) given on 29th November, 2010, in which judgment was entered in favour of the 1st Respondent in the sum of Shs.20,434,226.54 with interest at 26% per annum from 19th January 2000 until payment together with costs of the suit. The application is based on the grounds on the face of it and supported by an affidavit of Martin Machira, an Advocate and legal manager – litigation with the applicant. The respondent, Sharok Kher Mohammed Ali Hirji filed a replying affidavit to the application.
2. In brief, the facts as they relate to this application are that the respondent instituted the proceedings before the High Court as the donee of a Power of Attorney dated 24th February 2003 an…