RULING OF THE COURT
There is before this Court an application brought under rules 5(2)(b) 1(2), 92(2), and 43(1) of the Rules of this Court seeking stay of order made by the superior court (Mbito, J) whereby he entered judgment for the respondent against the applicant in the sum of Shs.8,770,320/60 plus interest thereon and costs, on an originating summons brought before the superior court under Order 52 rules 7(1)(b), (2), 10(1) and(2) and order xxxvi rule 7 of the Civil Procedure Rules. That application was for enforcement of an alleged undertaking given by the then law firm of Messrs. Oraro and Rachier, Advocates to pay the sum of Shs.8,770,320/60 to the respondent.
Order 52 rule 7(2) provides as follows:-
"(2) save for special reasons to be recorded by the Judge, the order shall in the first instance be that the advocate honour his undertaking within a time fixed by the order, and only thereafter may an order in enforcement be made."
Despite this clear provision, the learned Judge, no…