The Defendant has filed the application dated 07.06.2023 under Order 42 rule 6 of the Civil Procedure Rules. It seeks to stay execution of the ruling and order dated 26.05.2023 where it was ordered to pay the Plaintiff Kshs. 20,000,000.
I have considered the parties depositions and I allow the application as follows:
1. A stay of execution is issued of the ruling and order dated 26.05.2023 pending the hearing and determination of the intended appeal from the said ruling and order on terms hereunder.
2. The Defendant shall deposit Kshs, 20,000,000.00 deposited in a joint interest earning account in a reputable bank other than the Defendant in the names of the advocates within 14 days from the date hereof failing which in court.
3. In default of compliance, the stay order shall lapse and the Plaintiff shall be at liberty to execute.
4. The Defendant shall bear the costs of the application assessed at Kshs. 10.000.00 within 14 days from the date hereof.
5. Mention on 27.06.2023 for pre-trial directions as scheduled.
DATED and DELIVERED at NAIROBI this 14th day of JUNE 2023
D. S. MAJANJA
JUDGE