Upon considering the notice motion dated 29/7/2024, the supporting affidavit, the replying affidavit and submissions of parties advocates I do hereby allow the application and make the following order:
- The Applicant is granted leave to file an appeal out of time within 7 days from the date hereof.
- An order of stay of execution of the judgment in Nyando Principal Magistrate Civil Case No. E001 of 2024 is granted pending and hearing and determination of the intended appeal have conditions that:
- The Appellant do deposit the judgment sum of Ksh 1,137,567 in a joint intense earning accounts of parties advocates with a reputable bank with 45 days from the date hereof.
- In the event of default in compliance with order 2(a) menuable the Respondent be at liberty to execute.
- Each party to bear its own costs.
- This file is marked as closed.
Dated at Kisumu this 25th day of September 2024