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MASENO UNIVERSITY
V.
RILEY FACON SECURITY SERVICES LIMITED & ANOR

(2016) JELR 103668 (CA)

Court of Appeal 29 Jul 2016 Kenya
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Case Details

Suit Number:Civil Application 10 of 2015 (UR 8/2015)
Judges:David Kenani Maraga, Daniel Kiio Musinga, Stephen Gatembu Kairu
Location:Kisumu
Other Citations:Maseno University v. Riley Facon Security Services Limited & another [2016] eKLR

RULING OF THE COURT

1. In a ruling delivered on 27th November 2014 in High Court Civil Suit No.22 of 2014, the High Court at Kisumu, (E. N. Maina, J.) allowed an application by the 1st respondent barring the firm of Wasuna and Company Advocates from representing the applicant in that suit. The basis of that ruling was that Mr. F. N. Wasuna who witnessed a contentious agreement the subject of that suit was a potential witness and that it would be prejudicial for that law firm, which drew that agreement, to continue representing the applicant.

2. The applicant intended to challenge that ruling in an appeal to this Court. Pending the hearing and determination of the intended appeal, the applicant presented an application to this Court on 25th March 2015 under Rule 5(2)(b) of the Rules of this Court seeking an order to stay further proceedings in High Court Civil Suit No. 22 of 2014 pending

the filing, hearing and final determination of the intended appeal.”

3. That application was first sc…

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