The Defendant in the application dated 10.08.2023 seeks variation of the stay order directing it to deposit Kshs. 12,000,000.00 and in place an order directing it to deposit Kshs. 3,000,000.00 on the ground that it facing challenges.
The very purpose of the stay is to protect the judgment creditor from such an eventuality where it is unable to enjoy the fruits of its judgment. The Defendant had stated in clear and unequivocal terms that it was able to deposit the money. I do not find any merit in the application. The application dated 10.08.2023 is dismissed with costs.
DATED and DELIVERED at NAIROBI this 17th day of AUGUST 2023
D. S. MAJANJA
JUDGE