1. For determination is the application dated 4/10/2024. It seeks primarily a stay of execution of the orders and decree delivered on 6th September 2024, pending the hearing and determination of the appeal filed in this court. Having reviewed the same, and heard counsel for the parties on the application, I am of the view that it is in the interests of justice that the application be allowed so as to expedite the hearing and determination of the appeal.
2. Accordingly, I allow the application dated 4/10/2024 on condition that the applicant shall deposit the amount of KShs.7 million in a joint interest earning account in the names of both counsel in a neutral institution to be agreed upon, within 30 days of this Ruling.
3. Should there be default of (1) above, the stay orders shall automatically lapse and respondent shall be at liberty to execute without further reference to this Honourable Court.
4. In the intervening time, parties shall proceed to file and serve skeleton submissions limited to 10 pages within 15 days each beginning with the appellant. Compliance mention and further directions on 5/3/2025.
DATED, SIGNED AND DELIVERED IN NAIROBI
THIS 16TH DAY OF DECEMBER 2024.
F. MUGAMBI
JUDGE
2. Accordingly, I allow the application dated 4/10/2024 on condition that the applicant shall deposit the amount of KShs.7 million in a joint interest earning account in the names of both counsel in a neutral institution to be agreed upon, within 30 days of this Ruling.
3. Should there be default of (1) above, the stay orders shall automatically lapse and respondent shall be at liberty to execute without further reference to this Honourable Court.
4. In the intervening time, parties shall proceed to file and serve skeleton submissions limited to 10 pages within 15 days each beginning with the appellant. Compliance mention and further directions on 5/3/2025.
DATED, SIGNED AND DELIVERED IN NAIROBI
THIS 16TH DAY OF DECEMBER 2024.
F. MUGAMBI
JUDGE