JUDGMENT
Mr. D N Khanna moved the court under the court’s inherent jurisdiction provided for in rule 1(3) of the Court of Appeal Rules and the new rule 5(2)(b) of these Rules. The object of the motion is to provide for a stay and security after execution pending an appeal.
The High Court gave judgment for the plaintiff, Electrocom International Ltd, against the defendant, Jogoo Kimakia Bus Services Ltd, for two sums viz Kshs 151,050, being the total of Kshs 137,100 (which is half the contractual price) plus Kshs 13,950 for materials supplied and work done, together with Kshs 100,000 awarded as general damages. This judgment was given on June 27, 1984. The defendant gave notice of appeal on July 5, 1984 and then applied for a stay of execution on August 15, 1984 under Order XLI rule 4(1) of the Civil Procedure Rules. This application was heard and dismissed in October 1984, and this motion has been taken so that this court can consider the matter afresh.
It came on for hearing first in Oc…