The court held that although the appellants did not adequately prove substantial loss or offer security in their affidavits, the court, exercising its inherent powers and judicial discretion under Sections 1A, 1B, and 3A of the Civil Procedure Act, found it just to grant a conditional stay of execution. The stay was allowed on the condition that the 1st appellant deposits 50% of the judgment sum (Kshs 200,000) into court within 45 days, failing which the stay would lapse automatically. The court emphasized the need to balance the right of appeal with the respondent's right to enjoy the fruits of judgment, and to preserve the subject matter of the appeal so as not to render the appeal nugatory.