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NYAMODI OCHIENG-NYAMONGO & another v. DISCIPLINARY COMMITTEE OF LAW SOCIETY OF KENYA & another

(2009) JELR 98647 (CA)

Court of Appeal  •  Civil Appli 82 of 2009 (UR 51/09)  •  12 Jun 2009  •  Kenya

Coram
Emmanuel Okello O'Kubasu, Daniel Kennedy Sultani Aganyanya, Alnashir Ramazanali Magan Visram

Judgement

RULING OF THE COURT

This application expressed to be brought under rule 5(2)(b) of this Court’s Rules seeks a stay of proceedings of the Disciplinary Committee Cause No. 38 of 2006 pending the hearing and final determination of the Civil Appeal No. 48 of 2009 already filed in this Court and costs thereof. The grounds which are set out on the face of the application form its basis. They are that the superior court’s decision which is the subject of the appeal arose from the ruling of the Disciplinary Cause as stated above, the said disciplinary cause was set down for mention on 23rd March 2009 with a view to fix a hearing date and in the event that the said disciplinary cause proceeds to hearing and is finally determined then the appeal will be rendered nugatory. That the app7eal is arguable. The supporting affidavit to the application avers that sometime in 2006 the 2nd respondent filed a complaint with the Advocates’ Complaint Commission against the applicants which was determined. Up…

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