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NATION MEDIA GROUP LIMITED V. CRADLE-THE CHILDREN'S FOUNDATION SUING THROUGH GEOFFREY MAGANYA)

(2014) JELR 98577 (CA)

Court of Appeal  •  Civil Application 96 of 2013  •  30 May 2014  •  Kenya

Coram
George Benedict Maina Kariuki, William Ouko, Agnes Kalekye Murgor

Judgement

RULING OF THE COURT

Application

By its application dated 6th May 2013 premised on rule 5(2)(b) of the rules of this court, the applicant, Nation Media Group Limited, seeks an order that:

“there be a stay of execution of the judgment of the High Court (by Lady Justice Githua) dated 21st December 2012 and the decree pending the lodging, hearing and determination of the intended appeal against the said decision.”

The application was made on the grounds appearing on the face of the notice of motion and was supported by an affidavit sworn by Sekou Owino, the applicant’s legal officer. The applicant, being aggrieved by the judgment, of the High Court (Githua, J.) in High Court Misc Civil Application No.217 of 2011 lodged and served notice of appeal in accordance with rule 75 of the rules of this court thus manifesting its intention to appeal against the said judgment. A copy of the notice of appeal was attached to the affidavit in support of the application as was also a draft memorandum of ap…

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