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County Government of Mombasa v. Kooba Kenya Limited

(2019) JELR 103035 (CA)

Court of Appeal  •  Civil Appeal (Application) 130 of 2018  •  7 Nov 2019  •  Kenya

Coram
Fatuma sichale

Judgement

RULING OF THE COURT

The applicant, County Government of Mombasa, filed several motions against Kooba Kenya Limited, the respondent herein. In the amended motion dated 31st January, 2019, the applicant sought an order for stay of execution against the ruling of Ogola, J delivered on 3rd May, 2018. In another motion dated 18th January, 2019, the applicant sought an order for stay of execution and extension of time for lodging a Notice of Appeal against the judgment and ruling of Ogola, J dated 13th April, 2017 and 3rd May, 2018 respectively. However, in the one urged before me on 28th May, 2019 dated 31st January, 2019, the applicant sought an order for extension of time for lodging a notice of appeal and record of appeal against the ruling of Ogola, J. delivered on 3rd May, 2018 and further that the Notice of appeal dated 18th May, 2018 as well as the record of appeal filed on 1st October, 2018 be deemed as properly filed.

The motion was supported by an affidavit of Elizabeth Kisingo, th…

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