ROYAL MEDIA SERVICES LIMITED & ANOTHER
V.
MACHARIA WAIGURU

RULING OF THE COURT

Background

This is an application by ROYAL MEDIA SERVICES LIMITED and ANTHONY KARIGA, (hereinafter the applicants), dated 2^nd June, 2011, expressed to be brought under Sections 3A and 3B of the Appellate Jurisdiction Act and Rule 5(2)(b) of the Court of Appeal Rules, seeking orders that:

There be a stay of further proceedings in High Court Civil Case No. 123 of 2010 pending the lodging, hearing and determination of an intended appeal against the order of the High Court at Nairobi (Honourable Mr. Justice J.W. Mwera) dated 23^rd May, 2010.

ii. The costs of this application be provided for.

The application is supported by the affidavit of SAMUEL KAMAU MACHARIA, (SK Macharia) the Chairman of the 1^st applicant Company. The

grounds upon which the application is premised are to be found on the body of

the application and more particularly that:

a) (i). The learned Judge erred in not finding and holding that judgment in default could not be legally entered in that suit which was …