JUMA MUCHEMI & MARY WANJIKU JUMA MUCHEMI
V.
JUDE RAGOT T/A RAGOT & COMPANY ADVOCATES

RULING OF THE COURT

This application by notice of motion is brought under rule 5(2)(b) of the Court of Appeal Rules in which the applicants Juma Muchemi and Mary Wanjiku Juma Muchemi seek the following prayers:

“1. ...

2. That the Honourable court be pleased to order stay of execution of the order of the superior court given on 7^th August, 2009 in the superior court’s Miscellaneous Civil Cause No. 244 of 2002 at Kisumu pending the hearing and determination of the applicants’ intended appeal.

4. That the applicants be at liberty to apply for further orders and/or directions as this Honourable Court may deem fit and just to grant.

5. That costs be provided for.”

The same was based on the grounds set out on the face of the application as follows:

“(a) That the superior court in the aforementioned order directed that the applicants be personally held liable for the decretal debt incurred by WEST KENYA WHOLESALERS LTD.

(b) That the decretal amount with costs exceed Kshs.2,500,000/= and furthe…