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County Government of Garissa, County Secretary Garissa County & Chief Officer Finance & Economic Planning Garissa County v. Takaful Insurance of Africa Limited (Kenya)

(2020) JELR 103048 (CA)

Court of Appeal  •  Civil Application 170 of 2020  •  20 Nov 2020  •  Kenya

Coram
Sankale ole Kantai, Patrick Omwenga Kiage, Stephen Gatembu Kairu

Judgement

RULING OF THE COURT

The Motion dated 25th June, 2020 is brought pursuant to rules 5(2) (b) and 42 of the rules of this Court. The main prayers are that the applicant be granted leave to file a notice of appeal out of time against the ruling and orders of the High Court of Kenya at Garissa given on 12th February, 2020 in Garissa H.C.C.C. No. 8 of 2019 and the other prayer is that we be pleased to issue an order of stay of execution of the said ruling.

We note that there is a Judgment by the High Court where a money decree was issued and, on the application by the applicant, a conditional stay of execution was granted.

An application for extension of time for the doing of any act by the Court is provided for under rule 4 of the rules of this Court. Such application is heard by a single Judge while an application for stay of execution is provided for under rule 5(2) (b) of the said rules, the latter is heard by the full court.

Our jurisdiction is triggered by a notice of appeal.

We note that,…

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