JUDGMENT OF HANNAH OKWENGU, JA
[1] This is an appeal originating from a suit that was filed in the High Court in Nairobi by James G. K. Njoroge T/A Baraka Tools and Hardware Limited (herein the appellant). He had initially sued Kenya Cement Marketing Limited (herein the 2nd respondent), seeking damages for breach of contract and loss arising out of under delivery and wrong invoicing. The 2nd respondent filed a defence denying the appellant’s claim. However, on the 16th of June, 2006, judgment was entered against the 2nd respondent and in favour of the appellant, and a decree was subsequently drawn to the tune of Kshs.43,208,518/36.
[2] On the 11th July, 2006, following an application made by the 2nd respondent, an order of stay of execution was issued by the High Court for ninety (90) days on condition that the 2nd respondent deposits an insurance Bond within ten (10) days to guarantee payment of the decretal sum, failing which the order of stay was to lapse. In compliance with the cond…