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Meteine Ole Kilelu & 19 others v. Moses K. Nailole

(2009) JELR 99137 (CA)

Court of Appeal  •  Civil Application 340 of 2008  •  18 Dec 2009  •  Kenya

John walter Onyango Otieno, Erastus Mwaniki Githinji, Joseph Gregory Nyamu



The appellants who are in total twenty (20) in number and who have filed into this Court, Civil Appeal No. 312 of 2005, are vide this notice of motion dated 29th December, 2008 and filed on 30th December,2008, seeking two orders under Rules of this Court wrongly cited as rules 4, 41 and 42 of this Court’s Rules . We say, the rules are wrongly cited because the orders sought are:- “(a) That there be a stay of execution of the decree from the judgment of Hon. Justice Alnashir Visram J dated 8th November, 2005 pending the hearing and determination of the appeal filed herein. (b) An order that costs of this application abide result of the appeal herein.” The first order sought can only be sought pursuant to rule 5 (2) (b) of this Court’s Rules and certainly is not available under rule 4 of this Court’s Rules which is a rule to be invoked by a party seeking extension of time to take any step after the time prescribed in the rules has expired. Be that as it may, we will t…

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