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CLERK COUNTY COUNCIL OF LUGARI
V.
JOSEPHAT MULONGO WEKESA

(2019) JELR 103148 (CA)

Court of Appeal 15 May 2019 Kenya
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Case Details

Suit Number:Civil Application 86 of 2018
Judges:Milton Stephen Asike Makhandia James Otieno Odek Patrick Omwenga Kiage
Location:Kisumu
Other Citations:Clerk County Council of Lugari v. Josephat Mulongo Wekesa [2019] eKLR

RULING OF THE COURT

Whereas Mr. Ashitiva, learned counsel for the applicant is in court and ready to proceed with this matter, there is no appearance for or by the respondent though served.

Having considered the application and the replying affidavit sworn by the respondent on 30th November, 2018, we are of the view that the orders sought are merited.

As all that an applicant needs show is that he has an arguable point to canvas on appeal, which is not the same as one that must necessarily succeed, we are satisfied on that ground.

We think also that the intended appeal, if successful, may be rendered nugatory unless we exercise our discretion in favour of granting the stay orders sought. We grant them.

As the judgment sought to be appealed against was delivered on 1st December, 2017, we are not impressed that the applicant is yet to file the record of appeal. To urge it to a more proactive stance, we direct that it file the record of appeal within forty five (45) days of today failing whic…

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