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Samuel Mureithi Murioki & Uncle Sam's Githurai Ltd v. Kamahuha Ltd

(2013) JELR 94058 (CA)

Court of Appeal  •  Civil Application 104 of 2012  •  22 Feb 2013  •  Kenya

Coram
John walter Onyango Otieno, George Benedict Maina Kariuki, Patrick Omwenga Kiage

Judgement

RULING OF THE COURT

By their Notice of Motion dated and filed 12th April 2012 and brought under Rules 5(2) (b) and 42 of the Court of Appeal Rules 2010, SAMUEL MUREITHI MURIOKI and UNCLE SAM’S GITHURAI LTD (the Applicants) seek from this Court the following orders;

“2. THAT there be a stay of any further proceedings and/or execution of the Ruling and Order of the Hon. Lady Justice Koome made on 10th January 2001 pending the hearing and determination of the Appeal lodged by the Applicant.”

The Motion is based on various grounds appearing on its face and intended to show that the application satisfies the double rubrics under which this court exercises its jurisdiction pursuant to Rule 5 (2) (b) of this court Rules, namely:

(i) That the Applicants have an arguable appeal.

(ii) That if stay is not granted, the said appeal will be rendered nugatory.

(see GITHUNGURI v. JIMBA CREDIT CORPORATION LTD (No 2 [1988] KLR 838, and J.K. INDUSTRIES v. KENYA COMMERCIAL BANK LTD [1982-88] 1KAR 1088)

The Appl…

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