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Kimotho Gikonyo & 9 others v. John Gikonyo Gituthu & another

(2015) JELR 99818 (CA)

Court of Appeal  •  Civil Application 149 of 2014  •  27 Feb 2015  •  Kenya

Coram
Roselyn Naliaka Nambuye, Daniel Kiio Musinga, Patrick Omwenga Kiage

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

(CORAM: NAMBUYE, MUSINGA and KIAGE JJ.A)

CIVIL APPLICATION NO. 149 OF 2014 (UR 121/2014)

BETWEEN

KIMOTHO GIKONYO and 9 OTHERS.....................APPELLANTS

AND

JOHN GIKONYO GITUTHU and ANOR...............RESPONDENTS

(Application for stay of proceedings from the order of the High Court of Kenya

at Nairobi (Gacheru, J.) dated 18th June 2014

In

E.L.C No. 475 OF 2006)

********************

REASONS FOR THE DECISION MADE ON THE 11 TH DECEMBER 2014

On 11th December 2014, when the notice of motion dated 25th June 2014 was argued before us, we rendered our decision sua sponte pursuant to Rule 32(5) of the Court of Appeal Rules, 2010 but reserved our reasons which we hereby give.

The motion before us was for a single prayer namely;

“Pending the determination of the intended appeal further proceedings be stayed in the High Court of Kenya at Milimani Law Courts ELC Case No. 475 of 2006 ....”

The motion had on its face the grounds on which it was premised as follows;

“A. The appli…

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