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Mathew Oseko v. Gursharan Singh Brah t/a Finale Saw Mills

(2004) JELR 99205 (CA)

Court of Appeal  •  Civil Appli Nai 312 of 2004  •  17 Dec 2004  •  Kenya

Coram
Philip Kiptoo Tunoi, Emmanuel Okello O'Kubasu, William Shirley Deverell

Judgement

RULING OF THE COURT

This is an application by way of notice of motion brought under rule 5(2)(b) of the Court of Appeal Rules (the Rules) in which the applicant, Mathew Oseko seeks the following orders:-

“(a) THAT the ruling and order of the superior court given on the 26 th October, 2004 and issued on the 23rd November, 2004 respectively in High Court Civil Case Number 1857 of 2001 be stayed until the Applicant’s intended appeal is lodged, heard and determined.

(b) THAT the costs of this application be provided for”.

The genesis of this matter is a suit filed in the superior court being High Court Civil Suit No. 1857 of 2001 in which the respondent sued the applicant for breach of contract. Summary judgment was entered pursuant to an application by the respondent (as the plaintiff in the superior court) in respect of which the applicant neither filed any replying affidavit or grounds of opposition nor appeared at the hearing to oppose the same. Being dissatisfied by the entry of summary…

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