JUDGMENT OF THE COURT
The appeal before us is from an order of the superior court (Khaminwa J) which was made on 15th December, 2004, in Mombasa High Court Civil Case No. 236 of 1996. In that order the Court, on the main commanded the appellant, Samwel K. Nguti (the appellant), to return to the respondent Brooke Bond (K) Limited (the respondent) at his own expense certain vehicles which had been attached at the appellant’s instance, in execution of decree in the above suit. The order followed a finding that the appellant took out execution proceedings when to his knowledge there was an order of stay of execution in force.
The order the appellant allegedly breached was, in pertinent part, worded in the following terms:
“...I order stay of execution on condition that the defendant/Applicant shall deposit the sum of Kshs 2,238,854 into a joint account to be held jointly with the applicants advocates and the advocates of the respondent. The deposit to be made within the next 30 days from tod…