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Bernard Gichobi Njira v. Kanini Njira Kathendu & Hosea K. Wendot

(2016) JELR 105717 (CA)

Court of Appeal  •  Civil Application NYR. 24 of 2015 (UR 16/2015)  •  3 Feb 2016  •  Kenya

Philip Nyamu Waki, Roselyn Naliaka Nambuye, Patrick Omwenga Kiage



The motion before us dated 29th June 2015 is taken out under Rule 5(2)(b) of the Court of Appeal Rules, 2010 (the Rules) and seeks one substantive omnibus order, couched as follows:

“2. THAT, this Hon. Court be pleased to order a stay of execution of the Order/Ruling by the Hon. Mr. Justice R. K. Limo dated 9th June, 2015 in Kerugoya Misc/Reference Application No. 4 of 2015 and/or stay of any further proceedings and/or intended taxation therein as well as stay of TAXATION of the Bill of Costs filed by the respondents in WANG'URU PMCC No. 87 of 2014 pending the hearing and determination of the intended appeal to be filed herein.

3. THAT, the costs of this application abide the results of the intended appeal.”

As we understand the prayer, the applicant wants firstly an order for stay of execution of the Order of Limo J. made on 9th June 2015. That order has neither been extracted nor made part of the record but in the Ruling of Limo J. made on that date, the applicant’s …

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