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Stephen Kipkenda Kiplagat, Paul Lilan & Philemon Koeth t/a Kipkenda, Lilan & Koech, Advocates v. Ufanisi Capital and Credit Limited

(2011) JELR 94057 (CA)

Court of Appeal  •  Civil Application 99 of 2011  •  29 Jul 2011  •  Kenya

Coram
Emmanuel Okello O'Kubasu, Alnashir Ramazanali Magan Visram, Philip Nyamu Waki

Judgement

RULING OF THE COURT

In this application brought under Rule 5 (2) (b) of this Court’s Rules and Sections 3A and 3B of the Appellate Jurisdiction Act, the applicants seek, in the main, the following order:

“2. THAT this Honourable Court be pleased and grant an order for stay of execution and or stay of proceedings in the Superior Court pending the hearing and determination of the Applicants/ Defendants’ intended appeal”.

The facts giving rise to the litigation in the High Court, and to the intended appeal herein, are briefly as follows:

The three applicants here are advocates and were partners in the law firm of Kipkenda, Lilan and Koech at the material time. In January, 2010, they represented the respondent, Ufanisi Capital and Credit Ltd., in the sale of the respondent’s property L.R. No. 209/2582 to Superior Home Ltd. for Kshs.145 million. In accordance with the Agreement for Sale dated 27th January, 2010, the purchase price was to be paid as follows:

1. Deposit of Shs. 30 million directl…

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