RULING OF THE COURT
This is an application under rule 5(2)(b) of the Court of Appeal Rules, for principally an order of stay of execution of the orders of the superior court made on 23rd May, 2008 in Nairobi High Court Civil Case No. 634 of 2008, in which, pursuant to an application for summary Judgment under the provisions of Order XXXV rule1, of the Civil Procedure Rules, that court granted leave to defend a liquidated demand of Kshs.6,192,603.30, conditional on the applicant, as defendant, depositing in court a sum of Kshs.3,000,000/=.
There are two applicants, namely Kwality Candies and Sweets Limited (1st applicant) and Hutchings Biemer Limited, (2nd applicant). Corn Products Kenya Limited, the respondent, as plaintiff in Nairobi High Court Civil Case No. 634 of 2006 aforesaid, made a liquidated demand in its plaint, of Kshs.6,192,603.30 for goods sold and delivered to the 1st applicant at its request and guaranteed by the 2nd applicant. In a joint written statement of defence both…