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Joel Omagwa Onyancha v. Simon Nyaundi Ogari & Zephania Moraro Nyangwara

(2008) JELR 100962 (CA)

Court of Appeal  •  Civil Appli. Nai 104 of 2008 (UR. 62/2008)  •  11 Jul 2008  •  Kenya

Philip Kiptoo Tunoi, Emmanuel Okello O'Kubasu, Erastus Mwaniki Githinji



We have before us an application by way of notice of motion brought under rule 5 (2) (b) of this Court’s Rules in which the applicant Hon. Joel Omagwa Onyancha seeks a stay of proceedings pending an intended appeal. The notice of motion is expressed thus:-

“1. This court be pleased to order for stay of proceedings pending an intended appeal from the ruling of the High Court of Kenya at KisiiI (Musinga, J) dated 13.3.2008 on such terms as this court may think just.

2. And for an order that the costs of and incidental to this application abide the result of the said appeal on the grounds that;

a) The intended appeal if successful will be rendered nugatory.

b) That the Learned Judge has already fixed hearing dates to wit 26th , 27th , 28th , 29th and 30th of May, 2008, 9th, 10th, 11th , 12th and 13th June 2008, 23rd , 24th , 25th , 26th and 27th June 2008.

c) The applicant will be jeopardized in the event that the proceedings take place as scheduled and a decision made by t…

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