RULING OF THE COURT
1. On 29th May, 2019 the learned trial Judge (Njoroge, J.) delivered a judgment in which he dismissed the petition with costs that had been filed by Obadiah Muruja Mugendi (the applicant). Aggrieved by the said order, the applicant filed a Notice of Motion dated 10th December, 2019 in which he sought an order to stay execution of the said judgment. The applicant also sought an order that the Court be pleased to allow him to file the intended appeal out of time. He also attached a copy of a notice of appeal that is dated 1st October, 2019 although it has not been endorsed by this Court.
2. The grounds in support of the application are indicated on the face thereof and also a supporting affidavit by the applicant gives the justification for the orders sought. The applicant states that the respondent is in the process of executing the judgment and unless the order of stay is granted, the appeal will be rendered nugatory and he will suffer irreparable damage. The applica…