SIMON MBUCHO WA KARIUKI V. DAVID WAIHUMBU

IN THE COURT OF APPEAL

AT NAIROBI

(CORAM: O’KUBASU, J.A. (IN CHAMBERS))

CIVIL APPLICATION NO. NAI. 325 OF 2003 (165/2003 UR)

BETWEEN

SIMON MBUCHO WA KARIUKI ....................................... APPLICANT

AND

DAVID WAIHUMBU ................................................... RESPONDENT

(Application for stay of execution pending the determination of the intended appeal against the Ruling and Order of the High

Court of Kenya at Nairobi (Lady Justice Aluoch) dated 27^th day

of November, 2003

in

H.C.C.C. NO. 549 OF 1996)

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

R U L I N G

This matter was placed before me pursuant to rule 47(1) of the Court of Appeal Rules which provides:-

“Any application which the applicant desires to set down for hearing as a matter of urgency shall be accompanied by a certificate of urgency signed by the applicant or his advocate, supported by an affidavit setting forth the matters upon which the applicant relies as showing that his application should be heard without delay.”

Having perused the f…