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MICHAEL OKECH ADEGA & 3 OTHERS
V.
HENRY OMUSAMBAYI NANDWA & ANOTHER

(2008) JELR 97667 (CA)

Court of Appeal 11 Jun 2008 Kenya
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Case Details

Suit Number:Civil Case 78 of 2002
Judges:Joseph Raphael Karanja JA
Location:Kisumu
Other Citations:MICHAEL OKECH ADEGA & 3 others v. HENRY OMUSAMBAYI NANDWA & another [2008] eKLR

RULING

This suit was filed by the applicants against the respondents way back on the 6th March 2002. After several interlocutory applications the suit was finally set for hearing on the 15th November 2006, before Warsame - J. It was finalized on the 6th February 2007, when his Lordship delivered a judgment dismissing the suit with costs to the respondents.

The applicants being dissatisfied with the judgment lodged a Notice of Appeal on the 12th February 2007, and on the 14th November 2007, filed this application under Order 41 rule 4(1) (2) (3) and (6) of the Civil Procedure Rules and S. 3A of the Civil Procedure Act. They seek the main order that the court be pleased to grant stay of execution and stay of proceedings pending the determination of the appeal and that further prejudicial acts against themselves be restrained. The application is based on the grounds contained on the body of the appropriate Notice of Motion and is supported by the facts contained in a supporting affidavit d…

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