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Peter Nyaga Muvake v. Joseph Mutunga

(2015) JELR 94811 (CA)

Court of Appeal  •  Civil Application Nai 86 of 2015  •  31 Jul 2015  •  Kenya

Coram
George Benedict Maina Kariuki, Jamila Mohammed, James Otieno Odek

Judgement

RULING OF THE COURT

APPLICATION

1. The application by notice of motion dated 25th March 2015 came up for hearing before us on 11th June 2015. It was made by Peter Nyaga Muvake (the applicant) against Joseph Mutunga (the respondent).

2. The application was premised on Rules 5(2)(b) 45, 47, 48 and 49(1) of the Rules of this Court. It sought the following orders –

1. Spent

2. This Honourable Court be pleased to grant a stay of execution of the judgment delivered on 4th November 2014 by the subordinate court (Hon. Obulutsa) and consequential decree pending hearing and determination of the application herein and the appeal, or in the alternative;

3. Spent

4. Costs of this application be provided for.

3. The application was made on the grounds, inter alia, that –

a notice of appeal dated 10th March 2015 has been filed against the ruling made by Mabeya J.

there are fundamental points of law and fact against the ruling of Mabeya J.

the applicant is willing to deposit the decretal dues in Court.

The r…

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