Upon reading the Certificate of Urgency by Cherotich Faith Advocate, the Notice of Motion Application supported by a sworn Affidavit by Cherotich Faith Advocate all evenly dated 9th September 2024, i am persuaded that no prejudice shall be occasioned upon the Respondent should i consider this Application and render a conditional order. i am thus inclined to Order as follows;
- That the Application is certified as urgent warranting its consideration and dispensing with its service.
- The Orders herein shall be served upon the Respondent within the next twenty-four (24) hours of these orders;
- Leave to file Appeal out of time is hereby granted and the Draft Memorandum of Appeal as filed is deemed as duly filed.
- The Applicants are granted a conditional stay of execution of Judgment Decree in Nakuru CMCC E690 of 2022 pending Hearing and determination.
- The Applicant shall within the next thirty (30) days from the date of this order, deposit the entire decretal amount (Kshs 698, 900/-) in a 1st tier Bank Account in the Names of Both the Appellant\'s Advocate and the Respondent\'s Advocate.
- The Joint Bank Account shall be opened mutually within the next twenty (20) days from the date of this Order;
- A Default of any of the Conditions in Orders 4 and 5 above shall Automatically vacate the Orders of stay granted, the Application shall be deemed to have been dismissed with costs to the Respondent.
- Inter Parte Mention for Compliance and further Directions shall be on the 22nd October 2024
it is so Ordered