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Moses Njue Gachoka v. Faith Muli

(2015) JELR 98904 (CA)

Court of Appeal  •  Civil Application 141 of 2015 (Ur) 115 of 2015)  •  25 Sep 2015  •  Kenya

Coram
Philomena Mbete Mwilu, Sankale ole Kantai, James Otieno Odek

Judgement

RULING OF THE COURT

On 15th May, 2015, the High Court (Sergon, J.) delivered a ruling at Nairobi in HCCC No. 634 of 2007 granting a conditional stay of execution of the judgment and decree of the court. Before the High Court, the applicant sought stay of execution of the decree delivered on 13th March, 2015 wherein judgment for Kshs.3 million was entered in favour of the respondent against the applicant. In granting the conditional stay, the learned judge ordered the applicant to deposit Kshs.1,000,000/- within 30 days and in default the conditional stay to lapse. It is against this order for conditional stay of execution that the applicant intends to appeal to this Court.

By Notice of Motion dated 22nd May, 2015, the applicant has moved this Court pursuant to Rule 5 (2b) of the Rules of this Court seeking stay of execution of the ruling delivered on 15th May, 2015. In the alternative, the applicant seeks an order that he be allowed to deposit Kshs.500,000/= as security for satisfaction…

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