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David Marwa Steady Ltd & Steady Limited v. Nelson Njihia Kimani

(2017) JELR 102822 (CA)

Court of Appeal  •  Civil Application 52 of 2017 (Ur 35 of 2017)  •  19 Jul 2017  •  Kenya

Coram
George Benedict Maina Kariuki, Sankale ole Kantai, Fatuma sichale

Judgement

RULING OF THE COURT

The motion dated 16th May, 2007 was filed by DAVID MARWA and STEADY LIMITED, the 1st and 2nd applicants respectively. NELSON NJIHIA KIMANI was named as the respondent. In the motion the applicants sought an order inter alia:

“The honourable court be pleased to grant an order of stay of execution(sic) the judgment and decree of the Honourable Court (Hon. Justice J.N. Mulwa, Judge) made on the 13th day of April 2017 vide NAKURU HCC. NO. 294 of 2010, pending the hearing and determination of the Intended Appeal to this Honourable Court against the said Judgment and Decree.”

The motion was supported by the affidavit of DAVID MARWA sworn on the 16th May, 2017 in which he deponed that on 10th January, 2010 the respondent filed suit against the two applicants arising from an accident that occurred on 15th September, 2009; that on 13th April, 2017 judgment was entered in favour of the respondent to the tune of Ksh.1,509,445/-; that being aggrieved, the applicants filed a Notic…

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