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…The applicant has appealed against that ruling and in the meantime has brought this application dated 3.11.2004 under Order 41 Rule 4 of the Civil Procedure Rules in which the applicant seeks an order of stay of execution…

…may be commenced in the same or in any other court between the parties, or any other parties, touching the matters at issue in the cause or suit, and until a final decree shall be made therein, and carried into complete execution…

…The respondent, a judge, holding administrative office of Chief Justice while executing his judicial duties in Court or in execution of his administrative duties within the jurisdiction, enjoys absolute privilege from being…

…Sakina and Mustafa Kibet were dissatised with that decision and they appealed to this court, having in the meantime obtained an order of stay of execution under rule 5(2) (b) of the Court of Appeal Rules. 12.…

…S.2(1) of the Succession Act, Cap.160 denes and executor as follows: - Executor means a person to whom the execution of the last will of a deceased person is, by the testator’s appointment, conded.” 12.…