By consent of the parties, the application dated 10th June, 2024 is hereby compromised and marked as determined in the following terms:
i. That leave is hereby granted to the applicant to file their appeal out of time and the appeal be and is deemed as duly filed.
ii. That the applicant is granted a conditional stay of execution of the decree in SCC NO. E5794/2023 on condition that they shall deposit the decretal amount of KShs.413,330/- in a joint interest earning account in the names of both counsel at an institution to be agreed upon, within the next 30 days, in default of which the respondent shall be at liberty to execute.
iii. The record of appeal be filed and served in the intervening period of 30 days.
Mention for further directions on 27th November, 2024.
DATED, SIGNED AND DELIVERED IN NAIROBI
THIS 8TH DAY OF OCTOBER 2024.
F. MUGAMBI
JUDGE