Case Metadata |
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| Case Number: | Civil Appeal 179 of 2012 |
|---|---|
| Parties: | Pacifica Moraa Nyacheo & another v Monga Primary School |
| Date Delivered: | 23 Feb 2015 |
| Case Class: | Civil |
| Court: | Court of Appeal at Kisii |
| Case Action: | Order |
| Judge(s): | David Kenani Maraga, Festus Azangalala, Sankale ole Kantai |
| Citation: | Pacifica Moraa Nyacheo & another v Monga Primary School [2015] eKLR |
| Case History: | (An appeal from the Judgment and Decree of the High Court of Kenya at Kisii R.Sitati J.) dated 15th May, 2012 in H.C.C.C. NO. 141 OF 2011) |
| Court Division: | Civil |
| History Docket No: | H.C.C.C. NO. 141 OF 2011 |
| History Judges: | Ruth Nekoye Sitati |
| Case Outcome: | Ordered |
| Disclaimer: | The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information |
IN THE COURT OF APPEAL AT KISII
(CORAM: MARAGA, AZANGALALA, KANTAI, JJ.A)
CIVIL APPEAL NO. 179 OF 2012
BETWEEN
PACIFICA MORAA NYACHEO ..........................................1st APPELLANT
FRANK NYANGA'U ........................................................... 2nd APPELLANT
AND
THE SCHOOL COMMITTEE THRO'
CHAIRMAN MONGA PRIMARY SCHOOL ........................... RESPONDENTS
(An appeal from the Judgment and Decree of the High Court of Kenya at Kisii
R.Sitati J.) dated 15th May, 2012
in
H.C.C.C. NO. 141 OF 2011)
****************************
ORDER OF THE COURT
This is an interlocutory appeal. Upon being called out for hearing the Court observed that its determination will not finally determined the dispute between the parties. Having considered that observation Mr. Sagwe learned Counsel for the appellant has applied to withdraw it on condition that the status quo is maintained until the suit in the High Court is heard and determined.
As Mr. Soire, learned Counsel for the respondents has no objection. We grant the appellants application and hereby order that this appeal be and is hereby withdrawn under Rule 96 of the Court of Appeal Rules. The status quo obtaining at the moment shall be maintained until the suit in the High Court is heard and determined.
The appellants to cause the suit in the High Court to be fixed for hearing as soon as possible. Each party to bear its own costs of this appeal.
Made at Kisii this 23rd day of February, 2015
D. MARAGA
………………….
JUDGE OF APPEAL
F. AZANGALALA
………………………….
JUDGE OF APPEAL
S. ole KANTAI
………………………….
JUDGE OF APPEAL
I certify that this is a
true copy of the original
DEPUTY REGISTRAR
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