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SAMMY BRIAN ONGANGA V. ECOBANK LIMITED & VALLEY AUCTIONEERS

(2013) JELR 95315 (CA)

Court of Appeal  •  Civil Application 47 of 2013 (UR 21/2013)  •  27 Nov 2013  •  Kenya

Coram
Sankale ole Kantai

Judgement

IN THE COURT OF APPEAL

AT KISUMU

(CORAM: KANTAI, J. A (IN CHAMBERS)

CIVIL APPLICATION NO. 47 OF 2013 (UR 21/2013)

BETWEEN

SAMMY BRIAN ONGANGA ............................................APPLICANT

AND

ECOBANK LIMITED .................................................1st RESPONDENT

VALLEY AUCTIONEERS ..................................................2nd RESPONDENT

(An application for stay of execution from the Ruling and orders of the High Court of Kenya at Kisumu (Hon. Mr. Justice A. K. Kaniaru) dated the 28th day of October 2013)

in

KISUMU E and LC No. 127 OF 2013)

********************

RULING

The Applicant, Sammy Brian Onganga, filed an application by Notice of Motion on 22nd November, 2013 accompanied by a Certificate of Urgency. The file reached me on 25th November, 2013. I perused the Certificate of Urgency signed by the Applicants Advocates and the Affidavit in Support of Urgency deponed by the Applicant on 21st November, 2013. I was not persuaded that the application was urgent and I accordingl…

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