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STEPHENS KITHI NGOMBO T/A STEVE KITHI & CO. ADVOCATES & ANOR
V.
CHINA WU YI (KENYA) COMPANY LIMITED

(2021) JELR 93439 (CA)

Court of Appeal 19 Feb 2021 Kenya
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Case Details

Suit Number:Civil Application 50 of 2020
Judges:Milton Stephen Asike Makhandia, Jamila Mohammed, Fatuma sichale
Location:Mombasa
Other Citations:Stephens Kithi Ngombo t/a Steve Kithi & Co. Advocates & another v. China Wu Yi (Kenya) Company Limited [2021] eKLR

RULING THE COURT

Upon considering the application before us which is by way of a notice of motion dated 1st July, 2020 by the applicant, and noting that it is principally predicated upon the provisions of Rule 5(2)(b) of this Court Rules among other statutory enactments cited, the applicant principally seeks an order of stay of execution of the ruling and order delivered on 2nd June 2020 by P. J. Otieno, J. and all consequential orders thereto until the intended appeal is heard and determined. There are other prayers in the motion which we doubt we have jurisdiction to entertain at this stage. We shall therefore confine our ruling to the prayer for stay of execution only.

Upon reading the supporting affidavit sworn on 1st July. 2020 by Stephens Kithi Ngombo (the 1st applicant) on his own behalf and on behalf of the 2nd applicant, and the grounds in support of the application which allude to the fact that the appeal is arguable and has high chances of success; that in the supporting affi…

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