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SPACE AND STYLE LIMITED & WINFRIDA WANJIKU NGUMI V. NJAMA WAMBUGU,CECILIA NJOKI MUHOHO (SUED AS PROXY FOR DECAMIS LIMITED),LUCY MUMBI KIMANI,EDWARD MULEWA MWACHINGWA & DAVID OYIENO OPIYO

(2019) JELR 95309 (CA)

Court of Appeal  •  Civil Application 54 & 64 of 2019 (Consolidated)  •  19 Jul 2019  •  Kenya

Coram
Martha Karambu Koome, Sankale ole Kantai, Fatuma sichale

Judgement

RULING OF THE COURT

There are two Notices of Motion before us. In the motion dated 18th February, 2019 the applicants are Space and Style Limited and Winfrida Wanjiku Ngumi. It is an application for stay of execution of the ruling and orders of the High Court at Nairobi in H.C.C.C. No. 194 of 2018 where it is prayed that we stay the ruling of that court until the applicant’s intended appeal is lodged, heard and determined.

In the grounds in support of the motion and in a supporting affidavit of Winfrida Wanjiku Ngumi (the 2nd applicant) the history of the dispute between the applicants and the respondents – Njama Wambugu, Cecilia Njoki Muhoho (sued as proxy for Decamis Ltd), Lucy Mumbi Kimani, Edward Mulewa Mwachingwa and David Otieno Opiyo is given.

This can be summed up as follows as discerned also from the plaint filed at the High Court: the 2nd applicant, Winfrida Wanjiku Ngumi, the 1st respondent, Njama Wambugu and a company Decamis Limited are shareholders of the 1st applicant Spac…

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