I have considered the Applicant’s notice of motion dated 25.4.2024, the affidavit in support thereof sworn on even date by Christine Musando advocate and the enclosures therein. I have also considered the oral submissions of parties’ advocates and I do hereby allow the application and I make the following orders:-
1. The Applicant is granted leave to file an appeal against the judgment in Kisumu CMCC No. E051 of 2023: Ann Kwendo -vs- Simon Mbugua Thongu within 3 days from the date hereof.
2. An order of stay of execution of the judgment delivered on 28.3.2024 in Kisumu CMCC No. E051 of 2023: Ann Kwendo -vs- Simon Mbugua Thongu t/a Eldoret Express is hereby granted until the intended appeal is heard and determined on condition that the Applicant do deposit in a joint interest earning account of parties’ advocates the sum of KShs.3,484,432 within 45 days from the date hereof.
3. In the event of default in compliance with order 2 hereinabove, the stay orders shall automatically lapse and the Respondent shall be at liberty to execute.
4. The Applicant is directed to file the record of appeal within 7 days from the date hereof.
5. This file is marked as closed.
Dated, signed and delivered at Kisumu this 19th day of September, 2024.