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NELSON MUTAI T/A KANDIE & MUTAI MUDEIZI & CO. ADVOCATES V. BENSON MBUVI KATHENGE

(2014) JELR 104453 (CA)

Court of Appeal  •  Civil Application 272 of 2010 (UR 191/2010)  •  9 May 2014  •  Kenya

Coram
Wanjiru Karanja, Philomena Mbete Mwilu, Patrick Omwenga Kiage

Judgement
<p class="ql-align-justify">RULING OF THE COURT</p><p class="ql-align-justify">The motion before us dated 25<sup>th</sup> November 2010 is brought under Rule 5(2)(b) of the Court of Appeal Rules and seeks an order of stay of execution of the ruling and/or orders of the High Court made on 22<sup>nd</sup> October 2010 pending the hearing and determination of an intended appeal from the same.</p><p class="ql-align-justify">The grounds on which the application is premised appear on the face of the motion and can be summarized as follows:-</p><p class="ql-align-justify">The applicant was required by the ruling to deposit some KShs.2,900,000 within fourteen days yet he, as an advocate, had previously forwarded the same to his client.</p><p class="ql-align-justify">The applicant ‘sincerely fears’ irreparable loss yet he derived no benefit from the said sums, hence it is grossly unjust.</p><p class="ql-align-justify">The motion is supported by the affidavit of NELSON MUTAI the applicant, expressed as sworn on 25<sup>th</sup> November 2013. It is to the effect that the applicant was engaged by the vendor in a transaction for the sale of L.R. 209/8275/20 that collapsed. The purchaser made payment of some KShs.3…</p>

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