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KURIA KAMITI
V.
MARY WANGARI KIRUGU & ANOR.

(2021) JELR 113902 (CA)

Court of Appeal 19 Nov 2021 Kenya
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Case Details

Suit Number:CIVIL APPEAL (APPLICATION) NO. E470 OF 2021
Judges:MOHAMMED WARSAME, JA
Location:Nairobi

RULING

  1. The Notice of Motion dated 13th August 2021 placed before me, is premised on Rule 4 and 42 (1) of this Court’s Rules, Article 159(2) of the Constitution of Kenya, 2010, Section 1A, 3A and 3B of the Civil Procedure Act Cap 21 of the Laws of Kenya for orders;

a. That, this Court is pleased to grant leave to extend time limited for filing and serving the Notice and Record of Appeal against the judgement of Hon. E.N. Maina J. in the High Court at Kiambu in Civil Appeal No. 108 of 2018.

b. That, there be stay of execution of the whole judgement/orders of the High Court in Civil Appeal No. 108 of 2018 pending the hearing and determination of this application and the intended appeal to this Court.

c. That, costs of and incidental to this application do abide the result of the said appeal.

  1. An order of stay of execution invoked under Rule 5(2) (b) of this Court must be anchored on a valid Notice of Appeal and such prayers cannot fall for consideration before a single Judge. Hence the prayer …

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