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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…

…The extracted decree is in the same terms. The hearing before this Court, is the appeal by the appellant against the judgment of the learned judge of the High Court.…

…Although this was the most important order made by the judge and against which much of the appellants counsel’s firepower has been directed, for some reason, it was not included in the formal decree.…