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Moses Adero Otieno v. China Jiangxi International (K) LTD

(2020) JELR 98943 (CA)

Court of Appeal  •  Civil Application 158 of 2019  •  23 Oct 2020  •  Kenya

Coram
Wanjiru Karanja, Milton Stephen Asike Makhandia, Stephen Gatembu Kairu

Judgement

RULING OF THE COURT

Moses Adero Otieno, (the applicant) has moved this Court by way of Notice of Motion dated 13th November, 2019 pronounced to be brought under Rule 5(2)b of the Rules of this Court (the rules) for orders, inter alia, that

“Pending the hearing and determination of the appeal from the judgment of the High Court (Justice J. R. Karanjah) siting in Homa-Bay delivered on 9th April, 2019 this Honourable Court be pleased to issue an order of stay of execution in Homa-Bay Court Civil Appeal No. 14 of 2018 China Jiangxi International (K) Ltd v. Moses Adero Otieno an order of injunction restraining the respondent and its employees, agents, servants or hirelings from executing the judgment and orders in the said HCCA No. 14 of 2018.”

Although one of the grounds on the face of the application refers to a memorandum of appeal, there is no memorandum of appeal annexed to the application. More importantly, there is no Notice of Appeal annexed to the supporting affidavit to demonstrate …

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