1. I note the submissions by both parties that they are willing to compromise the application dated 9th February, 2024 which seeks stay of execution orders, on the terms that the court will direct.
2. Having considered the application, responses and evidence presented by the parties, the application is hereby allowed on condition that the applicant deposits KShs.700,000/- in a joint interest earning account in an agreed financial institution, in the names of both counsel within 30 days.
3. In default of this, the stay orders shall automatically lapse and the respondents shall be at liberty to execute.
4. Meanwhile let the appellant file and serve the record of appeal within 30 days from the date of today’s order.
5. Mention for directions on the appeal on 18th June, 2024.
DATED, SIGNED AND DELIVERED IN NAIROBI
THIS 7TH DAY OF MAY, 2024.
F. MUGAMBI
JUDGE