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R.F.S. v. J.D.S

(2013) JELR 94506 (CA)

Court of Appeal  •  Civil Application 288 of 2011  •  1 Mar 2013  •  Kenya

Wanjiru Karanja, William Ouko, Patrick Omwenga Kiage



Before us is an application by Notice of Motion by R.F.S (the applicant) dated 16th December, 2011. In it the applicant moves this Court for orders;

“3. THAT this Honourable Court be pleased to issue a stay of execution of the entire Ruling and Order of Honourable Mr. Justice Hatari Waweru made on 2nd December, 2011 in Nairobi High Court Civil Case No. [...](O.S) and to stay all consequential orders thereon, pending the hearing and determination of the Applicant’s intended appeal.”

The motion is based on unusually expansive grounds appearing on its face under the following heads;

1) The grave injustice visited upon the Applicant

2) Irreparable harm will be visited upon the Applicant.

3) Justice and equity demand an expeditious determination of the application.

4) The order sought to be appealed against perpetuates injustice and a breach of natural justice rights.

5) Lack of jurisdiction.

6) Abuse of judicial process.

7) Imminent irreparable loss to the applicant.

In support o…

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