RULING OF THE COURT
:This is an application by the unsuccessful defendants under rule 5(2)(b) of the Court of Appeal Rules for a stay of execution of the order of the superior court (Wambiliangah, J.) made on April 17, 1997 whereby he dismissed their application to set aside an ex parte judgment obtained against them by the respondent on March 7, 1997. By that decree the defence was struck out and judgment was entered in favour of the plaintiff as prayed in the plaint.
In entering judgment, as he did, for about K.Shs. 13 million for the respondent as prayed the learned judge was granting the very strong and summary remedy which he must only do in the clearest of cases and with extreme caution. This he did not do and we are persuaded by Mr. Omwella for the applicants that the intended appeal cannot be said to be frivolous.
But there is another requirement upon which we must be satisfied before a stay can be granted. It is that unless a stay is granted the intended appeal will be rendered …