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Mumilora Limited t/a Baraka Roses v. Lucy Wambui Yinda

(2021) JELR 98833 (CA)

Court of Appeal  •  Civil Application168 of 2020  •  29 Jan 2021  •  Kenya

Coram
Wanjiru Karanja, Hannah Magondi Okwengu, Milton Stephen Asike Makhandia

Judgement

RULING OF THE COURT

[1] By a ruling delivered on 14th May 2020, the High Court (Okwany, J) granted an order for judgment on admission to be entered in favour of Lucy Wambui Yinda (now the respondent), against Mumilora Limited t/a Baraka Roses (now the applicant) for Kshs. 32,124,986 together with interest and costs.

[2] The applicant who is aggrieved by the judgment of the High Court, has filed a motion before us under Rule 5(2)(b) of the Court of Appeal Rules for an order of stay of execution of the judgment pending the hearing and determination of its appeal against the judgment.

[3] The applicant contends through grounds stated on the body of the motion, an affidavit sworn by its director, Njeri Waruguru Mahihu and written submissions filed by its advocate, that the applicant has an arguable appeal against the judgment of the High Court. This includes the issues whether the letter relied upon by the High Court as an admission originated from the applicant and whether the author of theā€¦

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