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Kawakanja Limited v. Jane Gathoni Muraya Kanyotu, Mary Wanjiku Kanyotu, Margaret Nyakinyua Murigu, Christopher Ngata Kanyotu, Andrew Peter Ngirici, John Kariuki Kanyotu & Sandra Gathoni Kanyotu

(2014) JELR 105139 (CA)

Court of Appeal  •  Civil Application 29 & 30 of 2014 (UR 22/2014)  •  31 Mar 2014  •  Kenya

Erastus Mwaniki Githinji, John Wycliffe Mwera, George Benedict Maina Kariuki



The applicant, Kawakanja Ltd, lodged in this Court on 21.2.2014 two applications numbers 29 of 2014 and 30 of 2014 by way of notices of motion both dated 20.02.2014 seeking against the seven named respondents, four (4) identical orders for stay of the orders made on 10.2.2014 in application No. 29 of 2014 and in application No. 30 of 2014 orders made on 12.2.2014 and in both applications stay of proceedings in Sucession Cause No. 1239 of 2008. The prayers in application No.29 of 2014 which were the same as in application No.30 of 2014 (save for the date of the order in application 30 of 2014 which was 12th February 2014) were as follows:

THAT this honourable Court be pleased to stay the Order of Mr. Justice L. Kimaru given on 10th February 2014 until the hearing and determination of the Applicant’s intended appeal from the said orders.

That this honourable Court be pleased to stay all the proceedings in High Court Succession Case No.1239 of 2008 until the hearing and …

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