MOSES WACHIRA
V.
NIELS BRUEL & 2 ORS

RULING

Background

1. This notice of motion was heard in Chambers on 16^th April 2015. The application dated 22^nd September 2014 was brought pursuant to Rules 77(1), 90(2), 107(2)&(3) of the Court of Appeal Rules 2010; S. 3A of the Civil Procedure Act and S. 3A and 3B of the Appellate Jurisdiction Act.

2. In his application, the applicant seeks orders that: the 1^st respondent/appellant be compelled to effect service of the notice of appeal dated 31^st March, 2011 and the record of appeal dated 10^th August, 2012 on other parties who may be directly affected by the appeal and who did not participate in the proceedings in the High Court; the appeal be stayed pending the said service; that the 1^st respondent/appellant be ordered to provide security for the applicant’s costs of the suit in the sum of KShs. 2 million within 30 days to be held in an interest-bearing account in the joint names of the advocates; the appeal be stayed pending the deposit of such security; or in the alternative the app…