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Simba Colt Motors Limited v. James Gitahi Mwangi

(2011) JELR 96386 (CA)

Court of Appeal  •  Civil Application 111 of 2011  •  3 Jun 2011  •  Kenya

Coram
Philip Nyamu Waki

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

(CORAM: WAKI, J.A (IN CHAMBERS)CIVIL APPLICATION NO. NAI. 111 OF 2011 (UR. 72/2011)

BETWEENSIMBA COLT MOTORS LIMITED........................................................APPLICANT

AND

JAMES GITAHI MWANGI................................................................RESPONDENT (An application for stay of execution pending the lodging, hearing and determination of an intended appeal from the award and decree of the Industrial Court at Nairobi (Mukunya, Udoto and Alumande, JJ.) dated 1st February, 2011in

IND. COURT CAUSE NO. 448 (N) OF 2009) **************************** R U L I N G On 9th May, 2011, I declined to certify as urgent, the motion filed herein on the same day as it did not occur to me that there was any danger of execution of the lower court’s decree before the motion was heard.The motion was taken out under rule 5 (2) (b) of the rules of this Court seeking an order for stay of execution of an award made by the Industrial Court on 1st February,…

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