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Mukhisa Kituyi v. Patrick Mweu Musimba

(2020) JELR 98855 (CA)

Court of Appeal  •  Civil Appeal (Application) 91 of 2020  •  20 Nov 2020  •  Kenya

Coram
Roselyn Naliaka Nambuye, Hannah Magondi Okwengu, Jamila Mohammed

Judgement

RULING OF THE COURT

1. H. E. Dr. Mukhisa Kituyi (the applicant) filed in this appeal an application dated 22nd April, 2020 under Rule 5 (2)(b) of the Court of Appeal Rules praying for a number of orders. Some of the orders are spent but of relevance is that he is seeking an order:

That pending the hearing and determination of the appeal, there be a stay of execution of the decree of the High Court dated 11th December, 2019.

2. The application is anchored on the grounds that not only is the applicant’s appeal arguable but would also be rendered nugatory if the stay sought is not granted.

3. The salient facts that led to the application were that Hon. Dr. Patrick Mweu Musimba (the respondent) instituted a suit against the applicant by a plaint filed on 9th October, 2018 in the High Court being H.C.C.C No. E110 of 2018. The long and short of his claim was that on 19th June, 2013 he advanced a sum of Kshs. 35,000,000.00 to the applicant by way of a bank transfer. Thereafter, the applicant r…

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