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SHARATH ISMAIL IBRAHIM & ANOR
V.
HAFZA KHAMA ISMAIL

(2019) JELR 93704 (CA)

Court of Appeal 22 Nov 2019 Kenya
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Case Details

Suit Number:Civil Application 409 of 2018
Judges:William Ouko
Location:Nairobi
Other Citations:Sharath Ismail Ibrahim & another v. Hafza Khama Ismail [2019] eKLR

RULING

The applicants herein have filed two applications in this matter. One is seeking extension of time under Rule 4 of this Court’s Rules and the second one is for stay of execution against the ruling of the High Court (A.O. Muchelule, J) dated 11th July, 2016 pursuant to Rule 5(2)(b) of this Court’s Rules. The respondent, for his part, has filed an application to strike out the appellant’s record of appeal pursuant to Rules 42(1), 43(1), 82, 83 and 84 of this Courts Rules.

This Court has on several occasions abhorred and cautioned litigants against the practice of seeking omnibus reliefs within applications made pursuant to under Rule 4 which may only be granted by a single judge, along with those that are for a full bench. K. M’Inoti, J.A sitting as a single Judge in the case of Riccardo Fanelli and 2 others v. Frigrieri Graziano, Civil Application No. 51 of 2015, expressed himself as follows;

“Before me is yet another ominous motion on notice in which the applicants are seeking in …

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