RULING OF THE COURT
The matter placed before us for determination is a notice of motion dated 27th May, 2004 in which the applicants, M/S. Kenya Bus Services Ltd (KBS) seek the following orders: -
“1. THAT there be stay of execution in Busia High Court Misc. Application No. 45 of 2003, Nyamogo and Nyamogo Advocates – versus- Kenya Bus Services Limited until the further order of this Honourable Court and pending the filing and determination of the applicant’s appeal against the whole of the decision of Honourable Mr. Justice Sergon dated 14th May, 2004 in Bungoma H.C.Misc. Application No. 147 of 2003.
2. THAT there be such further order as may meet the ends of justice.
3. THAT the costs of this application be provided for.”
The provisions of the law relied on are rules 5 (2) (b) and 74 of the Court of Appeal Rules (“the rules”), Section 3A of the Civil Procedure Act and Order XLI rule 4 of the Civil Procedure Rules. We are told by Mr. Bw’Omote, learned counsel for KBS, and he was passionate…