RULING OF THE COURT
This application by notice of motion dated 3rd and filed in this Court’s sub-registry at Kisumu on 4th November, 2008 seeks the following orders, namely:-
1. THAT pending the lodging, hearing and determination of the applicant’s intended appeal, the execution of the decision of the Honourable Justice J. W. Mwera in Kisumu High Court Civil Case No. 58 of 2008 dated 22nd September, 2008 be stayed.
2. THAT pending the lodging, hearing and determination of the applicant’s intended appeal, there be a stay of all further proceedings in the superior court at Kisumu High Court Civil Case No. 58 of 2008.
3. THAT the costs of and incidental to this application be provided for.
The application is founded on the grounds set out on the face thereof and also on the averments deponed to by the applicant in the supporting affidavit. The main grounds on the face of the application are that:-
(a) Unless the application which seeks a stay of execution of the ruling of the learned Judge is …