Login Register

John Okal Ogwayo & Ruth Rebecca Auma v. Mugambi & Company Advocates

(2019) JELR 100795 (CA)

Court of Appeal  •  Civil Application 139 of 2019  •  8 Nov 2019  •  Kenya

Patrick Omwenga Kiage, Agnes Kalekye Murgor, Stephen Gatembu Kairu



The applicants John Okal Ogwayo and Ruth Rebecca Auma, who are a couple, by the motion dated 6th May, 2019 under Rule 5(2)(b) of the Court of Appeal Rules 2010 seek in

the main, an order that;

“(c) This Honourable Court be pleased to stay any further proceedings in Misc. Application No. 447 of 2010 as Mugambi and Company Advocates -vs- John Okal and Another pending the hearing and determination of the intended appeal.”

That order is sought as against Mugambi and Company Advocates who were the applicants’ advocates before they fell out. The motion is premised on grounds appearing on its face. Those grounds run into a whopping nineteen paragraphs and cover four typed pages. We do not see how and why any applicant would engage in such prolixity considering that on an application of this kind one needs satisfy but only two limbs or grounds. The narrative contained in those so called grounds properly belongs, if at all, in affidavits and there is indeed a supporting affidav…

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