Bernard Mwangi Waweru v Naftal Maina Gathiari,Ernest Ngongo Mwati [2004] KEHC 506 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

Civil Appeal 1564 of 1998BERNARD MWANGI WAWERU……………………………………….PLAINTIFF VERSUS NAFTAL MAINA GATHIARI……………………….……………1ST DEFENDANT ERNEST NGONGO MWATI……………………………………..2ND DEFENDANTRULING

The applicant applies to stay execution of an order whereby the Applicant’s objection to the attachment of their motor vehicles was dismissed. The Applicants in their affidavits claim that they will suffer substantial loss as in the event that the appeal succeeds they will not be able to recover the motor vehicles from the Respondents which are the means of livelihood.

There is no evidence that the respondent is a man of straw. In the circumstances l will grant a stay on condition that the Applicants jointly and severally pay into an interest bearing account a sum of Kshs 700,000 to be held in the joint names of the advocates pending the determination of the appeal. The payment to be made within 14 days.

DATED AND DELIVERED THIS 4TH DAY OF NOVEMBER 2004

PHILLIP J RANSLEYJUDGE