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Wardpa Holdings Limited, Patrick Kang'ethe Njuguna, Edward Kang'ethe Njuguna & George Kang'ethe Njuguna v. . Emmanuel Waweru Lima Mathai & Housing Finance Company of Kenya Limited

(2010) JELR 96633 (CA)

Court of Appeal  •  Civil Application 351 of 2009  •  5 Feb 2010  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Erastus Mwaniki Githinji, Joseph Gregory Nyamu

Judgement

RULING OF THE COURT

The application dated 14th December, 2009 has been brought under rule 5(2)(b) of this Court’s Rules. It seeks the following substantive orders:-

1. The order made on 11th December, 2009 in High Court Milimani Civil Suit No. 634 of 2008, Emmanuel Waweru Lima Mathai –vs- Housing Finance Company of Kenya Limited and 4 others, convicting the 2nd, 3rd and 4th applicants of contempt of court and requiring their attendance in court on 21st January, 2010 to show cause why they should not be punished together with all consequential orders in respect of the conviction, be stayed pending the lodging, hearing and determination of the appellants’ intended appeal.

2. The proceedings in High Court Milimani Civil Suit No.634 of 2008, Emmanuel Waweru Lima Mathai –vs- Housing Finance Company of Kenya Limited and 4 others be stayed pending the lodging, hearing and determination of the applicants’ intended appeal.

The material background facts are that, by a ruling made on 11th December, …

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