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D E N v. P N N

(2014) JELR 103011 (CA)

Court of Appeal  •  Civil Appeal (Application) 226 of 2012  •  21 Nov 2014  •  Kenya

Coram
Roselyn Naliaka Nambuye, Jamila Mohammed, Stephen Gatembu Kairu

Judgement

RULING OF THE COURT

Before us is a Notice of Motion application under certificate of urgency dated 3rd October, 2014 brought pursuant to Rules 5 (2) (b) and 47 of the Court of Appeal Rules (the Rules). The applicant seeks, inter alia the following orders against the respondent:

Pending the hearing and determination of the applicant's appeal against the decision of the High court delivered on the 19th July, 2012 by the Hon. Lady Justice Karanja this Honourable court be pleased to grant a stay of execution of the Orders given on 30th April, 2014.

The grounds upon which the application is premised are set out on the face of the motion as follows:

a. That the applicant being dissatisfied with the judgment delivered on 19th July, 2012 has lodged an appeal against the said judgment.

That the applicant has a good appeal which will be rendered nugatory unless the orders sought are granted.

That the applicant was not notified of the delivery of the ruling dated 30th April, 2014.

The Respondent has…

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