Login Register

Duncan Chengo Bandari v. Philomena Gertrude Bandari

(2019) JELR 102631 (CA)

Court of Appeal  •  Civil Appeal (Application) 24 of 2019  •  25 Jul 2019  •  Kenya

Hannah Magondi Okwengu, Agnes Kalekye Murgor, Stephen Gatembu Kairu



In this Notice of Motion dated 11th January 2019 made under sections 3A and 3B of the Appellate Jurisdiction Act and rules 31, 41, 42 (1), 43 (1) and 47 (1) and (2) of the Court of Appeal Rules, the applicant, Duncan Chengo Bandari seeks orders of stay of execution of the ruling and orders of the High Court at Mombasa delivered on 18th January 2019 pending the hearing and determination of the intended appeal.

The application was brought on the grounds that following a judgment of the High Court (Njoki Mwangi, J), the court ordered the attachment and sale of the sole asset of Zaini Holdings Limited (the Company), that is Plot No. 6308/I/MN (the property), before costs incurred in the suit are ascertained by way of taxation; that the applicant has filed a Notice of Appeal, and was awaiting the certified typed proceedings; that further, the respondent had filed a Bill of Costs for taxation with a view to obtaining a Certificate of Costs which taxation was fixed for 26th…

There's more. Sign in to continue reading

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login