RULING OF THE COURT
The motion before us dated 25th November 2010 is brought under Rule 5(2)(b) of the Court of Appeal Rules and seeks an order of stay of execution of the ruling and/or orders of the High Court made on 22nd October 2010 pending the hearing and determination of an intended appeal from the same.
The grounds on which the application is premised appear on the face of the motion and can be summarized as follows:-
The applicant was required by the ruling to deposit some KShs.2,900,000 within fourteen days yet he, as an advocate, had previously forwarded the same to his client.
The applicant ‘sincerely fears’ irreparable loss yet he derived no benefit from the said sums, hence it is grossly unjust.
The motion is supported by the affidavit of NELSON MUTAI the applicant, expressed as sworn on 25th November 2013. It is to the effect that the applicant was engaged by the vendor in a transaction for the sale of L.R. 209/8275/20 that collapsed. The purchaser made payment of some KShs.3…