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Roadtainers (MSA) Ltd v. Patrick Kiplangat Kirui

(2020) JELR 98421 (CA)

Court of Appeal  •  Civil Application 118 of 2019 (UR 94/19)  •  7 Aug 2020  •  Kenya

Coram
Wanjiru Karanja, Sankale ole Kantai, Patrick Omwenga Kiage

Judgement

RULING OF THE COURT

By a Notice of Motion dated 6th February 2020, Roadtainers Mombasa Limited, the applicant seeks the following prayers;

1. ....

2. ....THAT this Honourable Court be pleased to issue stay of execution of the judgment delivered on the 13th of June 2019 by Justice James Rika in Msa ELRC No. 714 of 2017 and any other consequential orders pending the hearing determination of this application.

3. This Honourable Court be pleased to list down for hearing and/or directions the application dated 19th December 2019 and lodged in the registry on 20th December 2019.

4. The costs of this application be provided for.

Whether by mistake or inattention to detail, this application as brought is problematic. Perhaps it is a cavalier attitude as further exemplified by the description of the motion as an appeal, in its heading, which it is not. On the face of it, the application is omnibus in nature, because prayer 2 is brought under Rule 5 (2) (b) for an order of stay of execution, which is…

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