1. I am called upon to determine an application, dated 12th November 2025. It seeks stay of execution and leave to appeal.
2. I have read and considered the application, as well as the trial court record.
3. I am persuaded to grant leave to the applicant to file appeal, within 30 days.
4. There shall be stay of execution, pending the filing of the proposed appeal, and its determination, if at all filed.
5. As a condition for the stay, the applicant shall deposit the judgement sum, of Kshs. 221,989.00, at the trial court, in 30 days, in default of which the stay order shall automatically lapse.
6. Orders accordingly.
DELIVERED, VIA EMAIL, DATED AND SIGNED IN CHAMBERS, AT BUSIA, ON THIS 25TH DAY OF FEBRUARY 2026.
WM MUSYOKA
JUDGE
Mr. Arthur Etyang, Court Assistant.
Mr. Leakey Alex Gago, the applicant, in person.
Mr. Moses Irukan Esseu & the others, the respondents, in person.
2. I have read and considered the application, as well as the trial court record.
3. I am persuaded to grant leave to the applicant to file appeal, within 30 days.
4. There shall be stay of execution, pending the filing of the proposed appeal, and its determination, if at all filed.
5. As a condition for the stay, the applicant shall deposit the judgement sum, of Kshs. 221,989.00, at the trial court, in 30 days, in default of which the stay order shall automatically lapse.
6. Orders accordingly.
DELIVERED, VIA EMAIL, DATED AND SIGNED IN CHAMBERS, AT BUSIA, ON THIS 25TH DAY OF FEBRUARY 2026.
WM MUSYOKA
JUDGE
Mr. Arthur Etyang, Court Assistant.
Mr. Leakey Alex Gago, the applicant, in person.
Mr. Moses Irukan Esseu & the others, the respondents, in person.