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ELIZABETH WAMBUI KIRAGU V. TIRUS KAMAU MUTORU

(2015) JELR 97181 (CA)

Court of Appeal  •  Civil Application 267 of 2013  •  22 May 2015  •  Kenya

Coram
John Wycliffe Mwera, George Benedict Maina Kariuki, Agnes Kalekye Murgor

Judgement

RULING OF THE COURT

1. Misplacement of the court file in Justice G.B.M. Kariuki’s chambers frustrated the delivery of this ruling on the day it was scheduled. We regret the mishap.

2. Elizabeth Wambui Kiragu, the applicant, lodged her application in this Court by way of notice of motion dated 7th October 2013. In the application, she sought in prayers 2 and 3 the following main orders -

“1. Spent

2. That pending the hearing and determination of this application there be a stay of execution of the Ruling and Order of the Honourable Lady Justice Mary Gitumbi made in on 20th September 2013 in HCCC ELC 298 OF 2013 dismissing the application by the applicant filed on 27th February 2013.

3. That pending the hearing and determination of the intended Appeal there be a stay of execution of the Ruling and Order of the Honourable Lady Justice Mary Gitumbi made in on 20th September 2013 in HCCC ELC 298 of 2013 dismissing the application by the applicant filed on 27th February 2013.

4. That this honou…

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