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Kimani Muhoro v. John Waiganjo Mbuthia & Mark Gituku Gichuhi

(2013) JELR 99827 (CA)

Court of Appeal  •  Civil Appeal. 188 of 2010  •  4 Jul 2013  •  Kenya

Coram
Martha Karambu Koome, Roselyn Naliaka Nambuye, James Otieno Odek

Judgement

JUDGMENT OF THE COURT

The scanty background information gathered from the record of appeal before us is that the subordinate court in Nyeri CMCC No. 47 of 2004 -John Waiganjo Mbuthia versus Mark Gituku Gichuhi and Kimani Muhoro, vide a judgment delivered by Mr. Serem, (SRM) on the 18th day of September 2007, found for the respondent. The appellant, Kimani Muhoro, was aggrieved with that decision and filed Nyeri H.C.C. A No. 100 of 2007, vide a memorandum of appeal filed on the 16th day of October, 2007.

The appellant then moved the High Court for an interim order of stay pending appeal, which order, we have been informed was granted to the appellant unconditionally and has been operational since then. Apparently, the appeal was not processed speedily for its hearing and disposal on merit. This led to the respondent moving the Deputy Registrar of the High Court to issue a notice under the then Order XLI Rule 31 (2) of the Civil Procedure Rules requiring the appellant to show cause as to …

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