RULING OF THE COURT
This being an application for stay of execution under Rule 5 (2) (b) of the Court's Rules , the applicants, Stephen Mugo Mutothori and Machithi Trout Farm Ltd , were obliged to satisfy us on two points, namely:
1.that their intended appeal is arguable and is not a frivolous one;
and 2.that unless we grant to them a stay of execution of the superior court's decree their intended appeal, even if successful, would have been rendered nugatory. By their re-amended plaint of 8th December, 1997 and lodged in the superior court on 15th December, 1997, Kenya Commercial Bank Ltd and Kenya Commercial Finance Company Ltd, the respondents to the present motion, sought against the two applicants and one Priscilla Wangari Mugo, the following orders, namely:
(i)an injunction restraining the applicants from interfering with the fixtures and fittings of a mortgaged property, i.e. L.R. No. 3452/1 (I.R. No. 4123) Nyeri which is owned by Machithi Trout Farm Ltd, the 2nd applicant;
(ii)posse…