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MOSES WACHIRA V. NIELS BRUEL, HELMUTH RAME & AIR TRAFFIC LIMITED

(2015) JELR 98890 (CA)

Court of Appeal  •  Civil Appeal (Application) 188 of 2012  •  12 Jun 2015  •  Kenya

Coram
Jamila Mohammed

Judgement

RULING

Background

1. This notice of motion was heard in Chambers on 16th April 2015. The application dated 22nd September 2014 was brought pursuant to Rules 77(1), 90(2), 107(2)&(3) of the Court of Appeal Rules 2010; S. 3A of the Civil Procedure Act and S. 3A and 3B of the Appellate Jurisdiction Act.

2. In his application, the applicant seeks orders that: the 1st respondent/appellant be compelled to effect service of the notice of appeal dated 31st March, 2011 and the record of appeal dated 10th August, 2012 on other parties who may be directly affected by the appeal and who did not participate in the proceedings in the High Court; the appeal be stayed pending the said service; that the 1st respondent/appellant be ordered to provide security for the applicant’s costs of the suit in the sum of KShs. 2 million within 30 days to be held in an interest-bearing account in the joint names of the advocates; the appeal be stayed pending the deposit of such security; or in the alternative the…

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