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Rising Freight Limited v. Riverland Limited

(2008) JELR 94354 (CA)

Court of Appeal  •  Civil Appli 269 of 2008 (UR 174/2008)  •  21 Nov 2008  •  Kenya

Coram
Emmanuel Okello O'Kubasu, John walter Onyango Otieno, Joyce Adhiambo Aluoch

Judgement

RULING OF THE COURT

The notice of motion which we are dealing with and which is the subject of this ruling is dated 8th October, 2008. It was lodged in court on 9th October, 2008, under a certificate of urgency. It is brought under Rule 5(2)(b) of the Court of Appeal Rules praying for:-

“1. ................................

2. THAT this honourable court be pleased to order stay of execution of the judgment and/or decree of the High Court, Lesiit, J pending the hearing and determination of the applicant’s intended appeal against the said judgment and/or decree.

3. THAT the costs of this application be provided for.”

By its decision of 19th September, 2008, the superior court (Lesiit, J) entered judgment for the plaintiff against the defendants as follows:-

“I enter judgment for the plaintiff against the defendant:

(a) In the sum of Kshs. 9,073,000/=.

(b) The Plaintiff will also get the cost of the suit.

(c) The Defendant will pay interest at court rates in (a) and (b) above from the date of judg…

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