1. I have considered the Notice of Motion Application dated 23 October 2023 together with the affidavit sworn in support of the same and the affidavit sworn in opposition to the same, and the submission of counsel, and the applicable law.
2. Based on the reasons contained on the face the application and further reasons of counsel, a stay of execution of the decree in terms of prayer No.2 and leave to defend the suit in terms of prayer No. 8 are granted on condition that applicant deposits the sum of Kshs 10,000,000 in a joint interest earning account in the names of the advocates for the Plaintiff and the 1st defendant within the next 45 days failing which the orders shall lapse.
3. The application is accordingly compromised on condition with compliance of the orders as stated above.