RULING OF THE COURT
This is an application under rule 5(2) (b) of the Court of Appeal Rules brought by the applicants seeking an order of stay of further proceedings in Nairobi HCCC No. 335 of 2008, pending the hearing and determination of an intended appeal. What gave rise to the application is a ruling delivered on 30th January, 2013 by Havelock, J. vide which he granted the respondent leave to re-amend its defence and include a counterclaim in the sum of Kshs.52,425,394.25 against the applicants. The applicants were aggrieved by the said decision and filed a notice of appeal.
The application was supported by an affidavit sworn by Horatius Da Gama Rose, a director of the second applicant. He deposed that the applicants filed the High Court case on 20th June, 2008 and subsequently amended the plaint on 30th July, 2012. The respondent filed its defence on 10th July, 2008 and subsequently filed an amended defence on 10th August, 2010. Thereafter, parties complied with all requirements re…