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PATRICK WAMULA t/a PATROS AGENCIES LTD & another v. ESTHER WAMBUI KIBE

(2009) JELR 94002 (CA)

Court of Appeal  •  Civil Application 87 of 2009  •  3 Jul 2009  •  Kenya

Coram
Emmanuel Okello O'Kubasu, Daniel Kennedy Sultani Aganyanya, Erastus Mwaniki Githinji

Judgement

RULING OF THE COURT

This application expressed to be brought under Rule 5 of the Court of Appeal Rules seeks orders as follows: “1. THAT this application be certified as urgent and the same be set down for hearing on priority basis. 2. THAT pending the lodging and determination of the applicant’s intended appeal the order and sentence issued by the Honourable Mr. Justice Waweru on 27th March, 2007 in H.C. ELC. No. 602 of 2008 (Nairobi) be stayed and/or suspended on such terms as this Honourable Court may think just. 3. THAT the costs of this application be provided for. The application is based on the grounds set out thereon, namely:- (a) unless the application herein which seeks to stay the order and the sentence of the applicant to prison pending the lodging, hearing and determination of the intended appeal is heard without delay, the applicant would have served the sentence by the time the said application will be fixed for hearing normally hence render the appeal, nugatory and occa…

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