RULING OF THE COURT
Naville Patrick Gibson Warren, Daniel James Corry McVicker, Hamishi Wooler Keith and Zulfikar H. Alibhai, as partners of the firm of advocates known as Daly and Figgs Advocates, have moved this Court under rule 5(2)(b) of the Court of Appeal Rules, seeking on the main an order staying the execution of the order of the superior court made on 23rd March 2010 in its Civil Case No.611 of 2003. By that order the superior court appointed one Melvin Smith, an accountant, as a Valuer for purposes of determining the shares in the aforesaid firm of one Linda Watiri Muriuki, the respondent herein as the Plaintiff in that suit. The court in addition specified the period within which the aforesaid Valuer would publish his valuation report.
The aforesaid order was made pursuant to an application by the respondent following a judgment in the aforesaid suit in which the superior court, in the said judgment delivered on 17th December, 2007, decreed that the respondent was not affecte…