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Titus Otieno Koceyo & another v. Mathew Ouma Oseko t/a Oseko & Company Advocates

(2009) JELR 94859 (CA)

Court of Appeal  •  Civil Appli 300 of 2009 (UR 208/2009)  •  13 Nov 2009  •  Kenya

Coram
Daniel Kennedy Sultani Aganyanya, Philip Nyamu Waki, Joseph Gregory Nyamu

Judgement

RULING OF THE COURT

This application dated 8th October, 2009 is made under rule 5(2)(b) of the Court of Appeal Rules. It seeks two prayers; namely:-

1. Stay of execution of the ruling and the orders made by Justice D. A. Onyancha on 30th September, 2009 in H.C. Misc. Application No. 991 of 2007 (O.S.) Consolidated with Misc. Appl. No. 933, 934, 935, 936, 937 and 938 of 2007 pending the hearing and determination of the intended appeal.

2. That the 2nd applicant be released from prison on terms that the court may deem fit to grant pending the hearing and determination of the intended appeal.

There was also a prayer for the costs of the application to be in the intended appeal. The supporting grounds on the face of the application were that the applicant has an arguable appeal; that the intended appeal is not frivolous, that the application has been made without delay that if a stay is not granted the appeal will be rendered nugatory; that the applicant will suffer substantial irreparable lo…

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