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BERNARD MWITI RINTARI
V.
ISAIAH MBAABU RUCHUIAKA

(2019) JELR 105705 (CA)

Court of Appeal 8 Nov 2019 Kenya
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Case Details

Suit Number:Civil Application 63 of 2019
Judges:Martha Karambu Koome, Hannah Magondi Okwengu, Sankale ole Kantai
Location:Nyeri
Other Citations:Bernard Mwiti Rintari v. Isaiah Mbaabu Ruchuiaka [2019] eKLR

RULING OF THE COURT

[1] On 28th March 2019, the High Court (Mbugwa, J.) delivered a ruling in which the learned Judge dismissed an application that had been lodged by Bernard Mwiti Rintari (the applicant herein). The applicant had sought leave to have the firm of Kiogora Mugambi and Co. Advocates come on record to appear for him in place of his former advocate and also to have his suit which had been dismissed on 26th June 2018 reinstated to hearing.

[2] The applicant who was dissatisfied with the ruling of 28th March 2019, lodged a notice of appeal, and moved the Court under a certificate of urgency for orders under Rule 5(2)(b) of the Court Rules seeking orders of stay of execution of the ruling and all consequential orders pending the hearing and determination of his intended appeal. The motion was supported by an affidavit in which the applicant averred that he has a good appeal with high chances of success, and that if the orders of stay are not granted, he would be rendered destit…

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