RULING OF THE COURT
We have before us an application brought under rule 5(2)(b) of the Rules of this Court seeking stay of execution of a decree issued pursuant to a judgment entered by the superior court (Rimita, J) on 12th April, 1999 whereby the present applicants were ordered to pay a sum of Shs.17,979,853/05/= to the respondent. The respondent's claim in the superior court was for special damages in sum of Shs.4,683,137/= plus interest thereon at the rate of 30% per annum plus costs and also payment for storage charges.
The applicants had entered into a hire-purchase agreement with the respondent in respect of a bus registration number KAE 456 C. The applicants were to service the hire-purchase agreement payments but did not manage to do so and opted to return the said bus to the respondent. The respondent had to employ tracers, to look for the bus which was traced to a garage in Lanet on the outskirts of Nakuru town, undergoing repairs. When the bus was put up for sale the respond…