RULING OF THE COURT
[1] This ruling relates to the application dated 2nd December, 2016, which seeks two main orders viz:-
“1 ...
2.... Court be pleased to order the respondent/applicant to perfect and prosecute his intended appeal with a reason time failure to which the applicant be at liberty to apply to dismiss the intended appeal for want of prosecution within 30 days. (sic)
3. And in the alternative the decretal sum together with accrued interest be released to the judgment debtor”
The application is supported by the grounds in the body of the application and in the supporting affidavit sworn by the applicant on 2nd December, 2016.
[2] The applicant, Joseph Morara Omoke was on 9th June, 2015 awarded Kshs.1,560,000/= against the respondent Invesco Assurance Company Limited (Invesco) by the Chief Magistrate Court Kisii in CMCC NO.235 of 2015.
The respondent filed a notice of appeal in the High Court and applied for stay of execution of the decree pending appeal. On 3rd November, 2015, the…