SILVANUS OSORO ONYIEGO V. ALICE NYOMENDA OERI T/A A.N. OERI & CO. ADVOCATES

RULING OF THE COURT

The applicant, Silvanus Osoro Onyiego has moved the Court vide a Notice of Motion application dated 9^th January, 2020. He seeks inter alia, orders that this Court stays execution of the judgment of Cherere, J delivered on 19^th December, 2019 pending the determination of an intended appeal as well as stay of execution of the Certificate of Taxation issued in Kisumu High Court Misc. application No. 55 of 2019. The motion was supported by an affidavit of the applicant sworn on the same date (9^th January, 2020). In his deposition, the applicant deponed that he filed a Notice of Motion dated 26^th November, 2019 seeking orders to vary, set aside or quash the Certificate of Taxation in Kisumu High Court Misc. Application No. 55 of 2019. The said Notice of Motion was dismissed on 19^th December, 2019; that unless this Court grants an order of stay, his property is likely to be attached thus rendering his intended appeal nugatory.

The motion was opposed by the respondent, Alic…