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DOMINIC B.ONYANGO KONDITI V. ABSON MOTORS LIMITED

(2020) JELR 97446 (SC)

Supreme Court  •  Civil Application 25 of 2019  •  30 Apr 2020  •  Kenya

Coram
David Kenani Maraga, Isaac Lenaola, Mohammed Khadhar Ibrahim, Philomena Mbete Mwilu, Smokin C Wanjala

Judgement

RULING OF THE COURT

A. INTRODUCTION

[1] The applicant, through the firm of Lumumba and Lumumba Advocates, presented an application dated 5th August 2019 to the registry seeking stay of execution of the Court of Appeal judgment. However, for want of procedural compliance the Honourable Deputy Registrar of this Court declined to admit the same prompting the Advocates to forward the same through a letter dated 13th August 2019 and received on 14th August 2019 to the Honourable Deputy Registrar requesting for his formal communication and reasons for the refusal to admit the said application.

[2] The said correspondence together with the application were forwarded to the duty Judge (Ibrahim SCJ) who declined to certify the application as urgent and noted, inter alia, that the applicant will have to persuade the court as to the procedure for initiating legal action in the Supreme Court. The duty Judge ordered that the matter goes through the normal process for hearing inter partes. Following t…

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