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Mwangi Gathaiyu & 2 others v. Kamau Ngure

(2012) JELR 98739 (CA)

Court of Appeal  •  Civil Application 230 of 2011  •  5 Jul 2012  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, John walter Onyango Otieno, Roselyn Naliaka Nambuye

Judgement

RULING OF THE COURT

Before us is an application brought under Rule 5(2)(b) of the Court of Appeal Rules,by way of a notice of motion filed on the 14th September, 2011. Two reliefs are sought namely: -

(i) That this Honourable Court be pleased to order a stay of execution of the Ruling/Order of the High Court at Nyeri (Hon. Justice J.K. Sergon), dated 5th February, 2010 in HCCC No.252 of 1983, pending the filing, hearing and final determination of an appeal by the applicant herein from the said Ruling/Order.

(ii) That the costs of this application be provided for.

The application is anchored on the grounds in the body of the application, contents of the supporting affidavit of Mwangi Gathaiyu deponed on the 13th day of September, 2011 and filed simultaneously with the application as well annextures thereto.

On the hearing date, learned counsel Ms. Muriithi, holding brief for Tim Okwaro, for the applicant, urged us to allow the application on the grounds that a stay order is necessary in theā€¦

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