JUDGMENT
This is an application under rule 5(2)(b) of the Court of Appeal Rules seeking a stay of execution pending the hearing of an appeal to this court. The appeal is against the refusal by the High Court to grant an injunction to stop a sale of property by public auction. An interim injunction was granted on February 3, 1987 to remain in force until the hearing of the motion interpartes. The hearing was concluded on March 31, 1987. The applicant is the principal debtor who was advanced a loan of Kshs 150,000 by the respondent. The loan was guaranteed by her father who also charged as security his property situate at Eldoret and known as Eldoret Municipality/Block 13/26.
Disputes arose between the applicant and her father, the guarantor because the applicant claimed entitlement to a share in the property. As a result of the dispute, repayments were not maintained. Their dispute was finalized in a suit in the High Court Nairobi being civil suit No 4571 of 1986 to which the respondent …