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Mary Wambui Kaigua & another v. James Kuria Maina, James Kuria Maina & Godfrey Waithaka Maina

(2012) JELR 99227 (CA)

Court of Appeal  •  Civil Application 196 of 2011(UR. 128/2011)  •  27 Jan 2012  •  Kenya

Riaga Samuel Cornelius Omolo, Philip Nyamu Waki, Joseph Gregory Nyamu



By their notice of motion dated and lodged in this Court on the 27th July, 2011, the two applicants herein, Mary Wambui Kaigua and Stanley Muigai Kaigua, ask the Court for orders:- “1. THAT the orders issued by Justice Sergon on 21st October, 2010 and all other consequential orders arising there from be stayed pending the hearing of Applicants’ intended Appeal against the Ruling delivered on 17th June, 2011. 2. THAT there be a stay of execution as well as all other orders pursuant to the Ruling and order by the Honourable Justice Sergon delivered on 17th June, 2011 and 21st October, 2010 pending the filing, hearing and determination of the intended appeal. 3. ..................................................” As far as we understand the matter before us, the applicants have filed a notice of appeal against the orders made by Sergon, J on the 17th June, 2011, which orders merely rejected an application for review of the orders made on 21st October, 2010. In his Ruli…

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