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Johnson Kibunja Njoka & Christine Nyagitha Njoka v. Joseph Njuguna, Lucy Wanjiru, Teresia Njeri & Margaret Damat

(2017) JELR 100764 (CA)

Court of Appeal  •  Civil Application 42 of 2017 (Ur 28/2017)  •  27 Sep 2017  •  Kenya

Coram
George Benedict Maina Kariuki, Sankale ole Kantai, Fatuma sichale

Judgement

RULING OF THE COURT

The applicant JOHN KIBUNJA NJOKA and CHRISTINE NYAGITHA NJOKA have moved this court vide a Notice of Motion dated 28th April, 2017 brought pursuant to Rules 5(2)(b), 42 and 43 of this court’s rules seeking an order inter alia, that:-

“1. That there be a stay of execution of the order that the applicants do pay the 4th respondent Ksh.1,203,443/- pending the lodging, hearing and determination of the applicant’s intended appeal to the Court of Appeal against the said ruling of the High Court delivered on 12th April 2017.”

A brief background to the motion is that F. Munguongo, the taxing officer in a ruling of 7th December, 2015 taxed the bill of costs in the sum of Ksh. 1,089,065. The applicants were dissatisfied with the taxation and they lodged a reference vide a chamber summons dated 9th February,2016 made pursuant to Rule 11(2) of the Advocates Remuneration Order. In the reference, the applicants sought the following orders:-

“1. That this court be pleased to vary or …

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