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Oseko & Ouma Advocates LLP v. Samuel Gachie Kamiti

(2020) JELR 95151 (CA)

Court of Appeal  •  Civil Application 121 of 2020  •  18 Dec 2020  •  Kenya

Coram
Roselyn Naliaka Nambuye, Wanjiru Karanja, Fatuma sichale

Judgement

RULING OF THE COURT

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1. UPON perusing the Notice of Motion dated 5th August, 2020 by the applicant brought under Sec. 26(2) of the Court of Appeal (Organization and Administration Act) 2015, Sections 3A, 3B and 5 of the Appellate Jurisdiction Act, Rules 5(2)(b), 41, 42,43 and 47 of this Court’s Rules where the applicant seeks, inter alia:

(i) Stay of the interim orders issued on 28th February,2019 and 6th July, 2020;

(ii) Stay of the order dated 20th December, 2019 directing the applicant to transfer monies held by the applicant to a joint interest earning account in the joint names of the applicant and the respondent;

(iii) Stay of the order of 20th December, 2019, directing the applicant to release its client’s file in HCC No. 543 of 2010 to the firm of Kipkenda and Company Advocates;

(iv) An order staying any further proceedings at the High Court, all pending the hearing and determination of the filed appeal from the orders of Tuiyott. J. dated 28th Febru…

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