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New Kenya Co-operative Creameries Ltd v. Olga Ouma Adede

(2015) JELR 98469 (CA)

Court of Appeal  •  Civil Application 316 of 2014 (UR 238/2014)  •  13 Feb 2015  •  Kenya

George Benedict Maina Kariuki



1. The applicant’s notice of motion dated 9th December 2014 seeking stay of execution under Rule 5(2)(b) of this court’s Rules was not certified urgent when it was initially placed before me on 9th December 2014 pursuant to Rule 47 of this court’s rules under which I examined it ex parte. I declined then to certify it urgent because, ostensibly there appeared to be no danger of execution of the decree. The applicant, New Co-operative Creameries Limited, through its learned counsel, Miss V.M. Wambua has, pursuant to Rule 47(5) of the rules of this court applied informally for the motion to be placed before a single judge for hearing inter partes. It came before me again under that rule on 9th December 2015. Miss Wambua, appeared before me as did Mr. Ataka, learned counsel for Mr. Olga Auma Odede, the respondent. Miss Wambua urged me to certify the motion urgent because the respondent is intent on taxing the Party and Party Bill of Costs and thereafter proceeding to execute the mo…

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