MUGAH V. KUNGA
(1988) JELR 104523 (CA)
Court of Appeal
•
Civil Application Nai 28 of 1987
•
29 Apr 1988
•
Kenya
Coram
John Mwangi Gachuhi, James Onyiego Nyarangi, Harold Grant Platt
Judgement
<p class="ql-align-justify">RULING</p><p class="ql-align-justify">April 29, 1988, Nyarangi, Platt and Gachuhi JJA delivered the following Ruling.</p><p class="ql-align-justify">The applicant by way of motion applied for stay of execution and an order for injunction under rule 5(2)(b) of the Court of Appeal Rules pending the hearing of an appeal. Under a certificate of urgency, he applied for <em>ex parte </em>orders pending the hearing of the motion <em>inter partes</em>.</p><p class="ql-align-justify">The court on March 6, 1987 granted an interim stay of execution of the order made by the High Court on December 5, 1986 and also an interim injunction to preserve the status quo so that the applicant may stay in his land and prevent his being evicted pending the hearing of the application which was fixed <em>inter partes </em>for hearing on March 16, 1987.</p><p class="ql-align-justify">On March 16, 1987, at the conclusion of the argument, the ruling of the court was reserved. The interim orders granted on March 6, 1987 were to continue in force until the time of delivery of the ruling. However, the applicant’s advocate was to furnish this court with copies of all p…</p>