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Kamau Muhia v. Mwaniki Gitau & Co. Advocates

(2011) JELR 100275 (CA)

Court of Appeal  •  Civil Appeal 47 of 2005  •  13 May 2011  •  Kenya

Riaga Samuel Cornelius Omolo, Philip Kiptoo Tunoi, Samuel Elikana Ondari Bosire



This is an appeal from the decision of the superior court (Ojwang Ag. J) which was given on 5th March 2004, pursuant to an application by Mwaniki Gitau and Co. Advocates (the respondent), under Order XLVIII rule 3 of the Civil Procedure Rules, section 3A and 18 of the Civil Procedure Act, Cap 21 of the Laws of Kenya. The respondent in that application was Kamau Muhia, (the appellant). It is quite clear from the heading of that motion that it was not filed in an existing suit but as a miscellaneous civil application. Five substantive prayers were made to the court, as follows:

“(2) Execution be stayed pending determination of serious and crucial issues arising out of orders and execution proceedings issued by the Deputy Registrar in Miscellaneous No. 83 of 2000 at Nyeri.

(3) The execution proceedings issued in Miscellaneous Civil Application No. 83 of 2000 at Nyeri by way of notice to show cause why the applicant should not be arrested and committed to civil jail be …

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