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Nathan Chesang Moson v. Grand Creek Llc & John Kristler Coors

(2020) JELR 98588 (CA)

Court of Appeal  •  Civil Appeal 397 of 2018  •  6 Nov 2020  •  Kenya

Coram
Martha Karambu Koome, Roselyn Naliaka Nambuye, Milton Stephen Asike Makhandia

Judgement

JUDGMENT OF THE COURT

By an application dated 25th February, 2013 the appellant moved the High Court of Kenya at Nairobi seeking an order staying execution of the judgment of Musinga, J. delivered on 25th January, 2013. He also sought to have the said judgment reviewed and set aside. The application was premised on the grounds that though the appellant had filed and served his written submissions, the learned Judge in his judgment had not considered those submissions and had he done so, he would have arrived at a different conclusion. That the decree resulting from the judgment was on the verge of being executed which act would cause irreparable harm to him.

That he had a strong case and that the mistakes of the court registry were excusable and should not be visited on him.

Opposing the application, the respondents filed a replying affidavit in which they deposed that the appellant was indolent having filed the application as a last effort to deny the respondents from enjoying the fruit…

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