SEBASTIAN MUTIMU KANG'ATTA V. NICERA WAITHERA MUTIMU

RULING OF THE COURT

1. This motion on notice dated 3rd February 2020 is made under Rule 5 (2)(b) of this Court’s Rules wherein the applicant seeks orders inter alia;

“2) THAT this Honourable Court be pleased to order a Stay of Execution of the Judgment and Decree of the High Court of Kenya at Nairobi (LADY JUSTICE ASENATH ONGERI) delivered on 24th January 2020, pending the lodging, hearing and final determination of the Intended Appeal against the said Judgment and Decree.

3) THAT this Honourable Court be pleased to order a Stay of Execution of the Judgment and Decree of the High Court of Kenya at Nairobi (LADY JUSTICE ASENATH ONGERI) delivered on 24th January 2020, pending the hearing and determination of this Application inter-parties.

4) THAT this Honourable Court be pleased to issue such other directions and or Orders as the Court may deem just and expedient.

5) THAT the costs of this application be provided for.”

2. The application was made on the grounds that the applicant is aggrieve…