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Kassam Hauliers Limited v Muguara & 2 others (Suing for and on behalf of Nyeri Future Focus Self Help Group) (Civil Appeal E017 of 2022) [2022] KEHC 15114 (KLR) (10 November 2022) (Ruling)
Neutral citation:
[2022] KEHC 15114 (KLR)
Republic of Kenya
Civil Appeal E017 of 2022
GMA Dulu, J
November 10, 2022
Between
Kassam Hauliers Limited
Appellant
and
Patrick Ihiga Muguara
1st Respondent
Jimnah Watoro Obed
2nd Respondent
Mary Wairimu Waiganjo
3rd Respondent
Suing for and on behalf of Nyeri Future Focus Self Help Group
Ruling
1.Before me is an application by way of Notice of Motion dated 30/3/2022 filed under section 3A of the Civil Procedure Rules and Order 42 Rule 6(6), and 51 Rule 1 of the Civil Procedure Rules with four(4) prayers two of which have been spent as follows:-i.Spentii.Spentiii.That there be a stay of execution in Civil Suit No. 366 of 2016 (Patrick Ihiga Muguara, Jimnah Watoro Obed and Mary Wairimu Wanganjo (Suing for and on behalf of Nyeri Future Focus Self Help Group) vs Kassan Hauliers Ltd - Makindu Law Courts) pending hearing and determination of the instant appeal.iv.That costs be provided for.
2.The application has grounds on the face of the Notice of Motion that on 15/3/2027 (should be 2022) the applicant sought stay of execution in Civil Suit No. 366 of 2016 at Makindu pending hearing and determination of a declaratory suit no. E030 of 2022 at Makindu Law Courts, and that after consultation between advocates, the application was withdrawn on 25/3/2022. That thereafter application dated 28/3/2022 was filed but the trial court refused to certify the application as urgent. Being dissatisfied, the applicant filed the present application.
3.The application was filed with a supporting affidavit sworn on 30th March, 2022 by Mohammed Kassim Hussein a Director of the applicant which amplified the grounds of the application.
4.Though the application was served, no response was filed. In addition, though the application came up in court on 11/5/2022 and 5/7/2022 no appearance was recorded nor did anybody attend court on behalf of the respondents.
5.The application thus standing unopposed, I find no reason not to allow the same.
6.Consequently and for the above reasons, I allow the application and order as follows;i.A stay of execution be and is hereby issued in Civil Suit No. 366 of 2016 (Patrick Ihiga Muguara, Jimna Watoro Obed and Mary Wairimu Wangajo (Suing for and on behalf of Nyeri Future Focus Self Help Group -Vs- Kassan Hauliers Ltd – Makindu Law Courts) pending determination of the instant appeal.ii.Costs of the application will follow the determination of the appeal.
It is so ordered.
DATED, SIGNED AND DELIVERED THIS 10TH NOVEMBER, 2022, VIRTUALLY AT MAKUENI.………………….GEORGE DULUJUDGE
