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Thomas Maseko Opiyo & Peter Ouma Mbaja v. Alfred Oyoko Olunje

(2021) JELR 95146 (CA)

Court of Appeal  •  Civil Application 148 of 2018  •  29 Jan 2021  •  Kenya

Coram
Wanjiru Karanja, Hannah Magondi Okwengu, Milton Stephen Asike Makhandia

Judgement

RULING OF THE COURT

1. By a Notice of Motion dated 22nd July 2019, pronounced to be brought under Rule 5(2)(b) of the Court of Appeal Rules (the Rules); Section 3A and 3B of the Appellate Jurisdiction Act (Cap 9), and Article 159 of the Constitution of Kenya 2010, Thomas Maseko (the 1st applicant) seeks in the main an order that pending the hearing and determination of Civil Appeal No. 148 of 2018, the Court issues an order of stay of execution of the decree/order/judgment dated 7th February, 2017. In what the applicant refer to as “Grounds of Appeal” listed on the face of the application, the applicant states that his pending appeal is arguable; that they will suffer irreparable loss or damage if the order is not granted; that there is a notice to show cause which has been issued against the 1st applicant and he risks being committed to civil jail, and finally that if the orders sought are not granted, their appeal will be rendered nugatory. The 1st applicant also states that he is wi…

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