IN THE COURT OF APPEAL
AT NAIROBI
(Coram: Nyarangi JA, Gicheru and Kwach AG JJ A)
CIVIL APPLICATION NO NAI 26 OF 1989
JETHWA...................................................APPLICANT
VERSUS
SHAH T/A SUPREME STYLES........RESPONDENT
JUDGMENT
(Application for stay of execution in an intended appeal from a judgment and decree of the High Court at Nairobi, Pall Ag J,
in
HCCC No 1943 of 1988 dated 6th February 1989)
*************************************
July 10, 1989 the following Judgment of the Court was delivered.
The Court has before it an application under rule 1 (3) and rule 5 (2) (b) of the Rules of this Court for an order for execution of the decree and taxed costs be stayed upon terms giving security on stated modes.
Generally, an applicant in these circumstances would be entitled to an order of stay of execution to preserve the subject-matter so that the appeal if successful is not rendered nugatory.
The applicant has a money decree against him. So, besides demonstrating that any success in…