Laare Kamukunji Stores v Kaberia (Miscellaneous Civil Case E003 of 2023) [2023] KEHC 457 (KLR) (30 January 2023) (Ruling)
Neutral citation:
[2023] KEHC 457 (KLR)
Republic of Kenya
Miscellaneous Civil Case E003 of 2023
EM Muriithi, J
January 30, 2023
Between
Laare Kamukunji Stores
Appellant
and
Stephen Kaberia
Respondent
Ruling
1.Before the delivery of the ruling of the court on stay of execution herein on record set out , the parties have concluded and filed a consent dated January 27, 2023 and the parties have requested the court to record the consent as an order of the court.
2.The ruling of the court is, therefore, arrested by the act of the parties upon the terms of the consent set out herebelow:a.The application be and is hereby withdrawn.b.That each party to bear their own costs in respect to the application herein.c.That there be 14 days stay of execution of the lower court judgment.
Order
3.Consequently, the consent of the parties herein set out is adopted as an order of the court, and the application dated January 9, 2023 is marked withdrawn with no order as to costs, and there shall be stay of execution of the judgment of the trial court for 14 days.
4.The court file is closed.
Order accordingly.
DATED AND DELIVERED ON THIS 30TH DAY OF JANUARY, 2023.EDWARD M MURIITHIJUDGEAppearancesM/S Kiruki & Kayika Advocates for the appellant/applicantM/S Nkunja & Co. Advocates for the respondent.