Login Register

Elegance Investment Limited & Joyce Akinyi Ochieng v. Anthony Chinedu Ifedigbo

(2015) JELR 102516 (CA)

Court of Appeal  •  Civil Application 321 of 2014 (Ur 243/2014)  •  27 Mar 2015  •  Kenya

George Benedict Maina Kariuki, Jamila Mohammed, Patrick Omwenga Kiage




Before us is a Notice of Motion application by ELEGANCE INVESTMENT LIMITED, hereinafter referred to as the 1st applicant and JOYCE AKINYI OCHIENG, hereinafter the 2nd applicant dated 16th December, 2014, expressed to be brought under Rules 5(2)(b) of the Court of Appeal Rules, seeking the following order:

That there be a stay of execution of the decree issued in the Winding Up Cause Number 19 of 2009 on 19th May 2014 by the Honourable Justice E.K. Ogola pending the hearing and determination of the intended Appeal.

The application is premised on the grounds on the face of the application and supported by the affidavit of the 2nd applicant, a Director and a shareholder of the 1st applicant, sworn on 16th December, 2014, which makes the following averments:

The 1st applicant has been wound up pursuant to a judgment delivered by Justice E.K. Ogola on 19th May 2014 and the respondent intends to execute the decree issued to wind up the 1st applicant.

That if the ex…

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