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Irene Njoka v. Peter Njeru Nyaga

(2011) JELR 105199 (CA)

Court of Appeal  •  Civil Application 165 of 2010  •  8 Jul 2011  •  Kenya

Philip Kiptoo Tunoi, Emmanuel Okello O'Kubasu, Joseph Gregory Nyamu



This is an application under rule 5 (2) (b) of this Court’s rules.

It seeks stay against execution of the order of the superior court delivered on 13th May, 2010 in Embu pending appeal.

The application was triggered off by a judgment given by SPMCC No. 233 of 2004 where the Resident Magistrate awarded damages to the respondent on 20th November, 2008 after concluding a negligence suit involving the parties to this application. The applicant herein being the aggrieved party filed an appeal against the said judgment in the superior court without leave.

When the application came up for hearing Mr. H.K. Mahan held brief for Mr. M. Njage for the applicant whereas Mr. Muyondi appeared for the respondent.

Although we have taken into account the affidavits filed both in support and against the application including the submissions of the counsel for the respective parties it was right at the outset pointed out to counsel during the hearing that the order against which a stay was…

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