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PMK v. CKM

(2020) JELR 96854 (CA)

Court of Appeal  •  Civil Application 10 of 2020  •  9 Oct 2020  •  Kenya

Coram
Martha Karambu Koome, Jamila Mohammed, Agnes Kalekye Murgor

Judgement

RULING OF THE COURT

This Notice of Motion dated 16th January 2020 is made under section 3A of the Appellate Jurisdictions Act and rules 5 (2) (b) of the Court of Appeal Rules, and has been brought for grant of; i) a stay of execution of the judgment of the High Court ( Ali – Aroni, J.) delivered on 28th November 2019 pending the hearing and determination of the intended appeal; ii) a stay of further proceedings pursuant to the said judgment pending the hearing and determination of the intended appeal; iii) any further orders that this Court may deem just and fit to grant and iv) that costs be provided for.

The motion was brought on grounds that the intended appeal is arguable, and that if the orders are not granted, the applicant would suffer substantial loss. The application was supported by an affidavit sworn by the applicant. No written submissions were filed on the applicant’s behalf.

The respondent did not file a replying affidavit, but filed written submissions wherein it was submi…

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