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Athi Water Services Board v. Nairobi City Water & Sewerage Company

(2010) JELR 106845 (CA)

Court of Appeal  •  Civil Application 135 of 2010  •  30 Jul 2010  •  Kenya

Coram
Philip Kiptoo Tunoi, Moijo Matayia Ole Keiwua, Erastus Mwaniki Githinji

Judgement

RULING OF THE COURT

This is an application brought under rule 5 (2) (b) of this Court Rules for orders that pending the lodging, hearing and determination of the applicant’s (ATHI WATER SERVICES BOARD) intended appeal, there be a stay of execution of the orders granted by the superior Court (Lady Justice Gacheche J.) on 25th May 2010 and that pending the lodging, hearing and determination of the intended appeal there be a stay of proceedings of the orders granted by the superior Court in High Court Miscellaneous Application No 195 of 2010.

The application is grounded upon the fact that unless the application is heard urgently, the respondent was likely to enforce the order it obtained irregularly and in blatant abuse of the Court process thereby rendering the intended appeal nugatory and occasioning unquantifiable loss and prejudice to the applicant and the general public. The applicant submits that the intended appeal is arguable with good prospects of success because the learned Judge…

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