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THABITI INSURANCE BROKERS LTD. v. JOSEPH OGERO OBONYO

(2000) JELR 94252 (CA)

Court of Appeal  •  civil misc appl 102 of 00  •  12 May 2000  •  Kenya

Coram
Johnson Evan Gicheru, Riaga Samuel Cornelius Omolo, Moijo Matayia Ole Keiwua

Judgement

RULING OF THE COURT

This is an application for the stay of the judgment of the superior court made at Kisumu on 12th October, 1999. By that judgment, Thabiti Insurance Brokers, the applicant, was ordered to pay to Joseph Ogero Obonyo, the respondent, the sum of K.Shs.1,561,500/= together with costs and interest. It is clear from the record before us that the respondent has been attempting to enforce that judgment and according to the proclamation of attachment dated 30th March, 2000 by M/s Legacy Auctioneering Services, the sum then outstanding was K.Shs.2,089,442/= excluding the costs of the auctioneer. The applicant intends to appeal against the judgment of the superior court and it filed a notice of appeal on 22nd October, 1999. The applicant having filed a notice of appeal, it is entitled to come to this Court for a stay of the superior court's judgment.

Mr Odunga who opposed the application on behalf of the respondent, agreed with Mr Ocharo for the applicant, that the applicant has…

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