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…This application is brought under rule 5(2)(b) of the Court of Appeal Rules by Arthur K Magugu (Mr Magugu) and Inn and Inns Ltd (Inns Ltd) for a stay of the judgment and decree of Wambilyangah, J dated 29th July, 1994, by…

…Accordingly, the application is allowed and the execution of the judgment and decree of Wambilyangah, J is hereby stayed pending the hearing and final determination of the intended appeal or further order on terms that the…

…MUNGAI..............................................................................................RESPONDENT (Application for leave to appeal out of time in an intended appeal from the judgment and decree of the High Court…

…decision of the High Court was struck out by this court on 8th October, 1995, on the ground that the related record of appeal did not, as mandatorily required by the Rules of this court, contain a certified copy of the decree…

…It would I think, if the present advocate of the Applicant, had been the same that had failed to include a certified copy of the decree in the record of appeal in the appeal which had earlier been struck out and also if the…

…the Civil Procedure Rules, the plaintiff can either take execution (since the appeal intended does not operate as a stay) or if a stay is ordered, the defendant will have to give security for his due performance of the decree…

…That the delay is not inordinate and is excusable. d) That the delay is not in any event prejudi cial as the Respondent has also filed a Notice of Appeal. e) That the Applicants intend to appeal against the judgment and decree…