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Peter O. Ngoge T/A O.P. Ngoge & Associates v. Washington Okumu Jalango

(2010) JELR 94612 (CA)

Court of Appeal  •  Civil Application 22 of 2008  •  22 Oct 2010  •  Kenya

Coram
Emmanuel Okello O'Kubasu, Philip Nyamu Waki, Joseph Gregory Nyamu

Judgement

RULING OF THE COURT

We have before us an application by way of notice of motion expressed as having been brought:-

“Under the inherent Jurisdiction rule 1(3) of the Court of Appeal Rules, Section 3 of the Judicature Act and Rule 5, 2(b) of the Court of Appeal Rules.”

The applicant, Peter O. Ngoge T/A O.P. Ngoge and Associates seeks the following orders:-

“(1) THAT the Honourable Court be pleased to stay execution of the Ruling and orders of the Honourable Lady Justice R.N. Nambuye given on the 15th February, 2008 pending the hearing and determination of the applicants intended appeal which is arguable but which may be rendered nugatory and reduced to a mere academic exercise if the prayers sought herein are not granted.”

(2) THAT a mandatory injunction be issued compelling the Respondent herein to honour and perform the terms of the parties consent as recorded and signed by the parties before the Deputy Registrar in the superior court by paying the applicant forthwith the sum of Kshs.1,297…

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