RULING OF THE COURT
This is an application by way of Notice of Motion brought under Rules 5(2)(b) and 42 of the Court of Appeal Rules in which the applicant, Nairobi City Council, is seeking the following orders:
"1.THAT this Honourable Court be pleased to make an order staying the execution of the Decree in the Judgment of High Court of Kenya Nairobi Civil Case No. 1268 of 1999 delivered on 13th March, 2001 against the Applicant pending the hearing and determination of the Applicant's intended Appeal to this Court.
2.THAT such other and/orders be made as this Honourable Court might deem fit and just in the unique circumstances of this matter while pending the hearing and determination of the Applicant's intended appeal.
3.THAT the costs of this application be provided for."
The application is brought on the following grounds:
"1.THAT the Applicant's Intended Appeal raises very substantial points of facts and law in that:
(i)The Honourable Judge erred in law and in facts in granting reliefs …