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Municipal Council of Machakos v. Francis Alexander Kimangi Muindi [2013] eKLR

(2013) JELR 98825 (CA)

Court of Appeal  •  Civil Application 137 of 2012  •  1 Mar 2013  •  Kenya

Coram
John walter Onyango Otieno, William Ouko, Fatuma sichale

Judgement

RULING OF THE COURT

The applicant herein, namely Municipal Council of Machakos filed a notice of motion application dated 21st May, 2012 seeking orders of stay of the orders of mandamus issued on 25th April, 2012 by Makhandia J. (as he then was). The order of mandamus directed the Town Clerk of the applicant council to satisfy the decree in H.C.C.C. No. 2630 of 1981. The applicant further sought stay of the decree issued on 23rd December, 2012.

When the matter came up for hearing, Mr. Wambua, learned counsel for the applicant urged the Court to grant an order for stay on the reasoning that payment of the decretal sum would adversely affect the operations of the applicant and this would lead to its inability to render public service. He further argued that unless the order for stay was made, the appeal would be rendered nugatory.

Learned counsel for the respondent, F. M. Mulwa opposed the application on the ground that there was no arguable appeal.

Briefly, the facts of this case are that …

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