REASON
By a notice of motion dated 17th December 2021, the applicant Safaricom PLC sought orders under section 3A of the Appellate Jurisdiction Act, and Rule 5(2)(b) of the Court of Appeal Rules, to stay execution of the Judgment and Decree of the High Court (Mabeya, J), delivered on 12th November 2021, pending the hearing and determination of an intended appeal against the said judgment.
The application was supported by grounds stated on the motion and an affidavit sworn by Daniel Mwenja Ndaba (Ndaba). The suit leading to the judgment of the High Court, arose from a business arrangement between the applicant and the respondents, pursuant to which the respondents were dealers of the applicant’s products including distribution of airtime and M-pesa transactions. In the course of the business, the respondents interacted with one Abdifatah Ali Alio (Abdifatah), who made various transactions involving the applicant’s products. Payments purportedly made directly to the applicant by Abdifatah…