RULING OF BOSIRE, J.A.
This is a motion under rule 5(2)(b) of the Court of Appeal Rules for orders, firstly, that the execution of the orders of the superior court (Mbaluto, J.) made on 20th September, 2000, in its Civil Case No. 782 of 2000 be stayed pending determination of an intended appeal to this Court against the said orders, and secondly, that any further proceedings in the said suit be stayed pending determination of the intended appeal.
Vipin Maganlal Shah, (the applicant), is named the 2nd defendant in the aforesaid suit, with Nakumatt Investments Limited and Atulkumar Maganlal Shah (the 2nd and 3rd respondents herein) as 1st and 3rd defendants respectively, and Investments and Mortgages Bank Limited, the first respondent in the motion, as the plaintiff. The first respondent's suit is for the recovery of the balance of some money it allegedly lent to the 2nd respondent together with accrued interest.
The applicant and the 3rd respondent allegedly guaranteed the repayment of th…