REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CIVIL APPEAL NO. 49 OF 1998 FELISTA WANJIRU NYINGI.......................................PLAINTIFF VERSUS SAMUEL CHEGE GACHIE...........................................DEFENDANT RULING When the learned trial magistrate made an order to set aside the ex-part judgment, the same was on condition that a sum of Kshs. 273,933/- be deposited. There has been an appeal filed which is pending for hearing. As of now the court is only concerned with the issue of whether or not the said appeal shall be rendered nugatory ;if the said order is not stayed. Further, the applicant has to show there is an arguable appeal. I have given consideration tot he submissions made by both learned counsel. I have related the same to the record before me and I believe the ends of justice shall be met if a stay is granted as prayed in the chamber summons dated 2nd March, 1998. Accordingly the application succeeds and costs shall be in the cause. Orders accordingly. Dated and delivered at Nairobi this 25th day of June, 1998 A. MBOGHOLI MSAGHA JUDGE
A note on accuracy. These pages are generated automatically from our AI-written case briefs and have not been checked by a lawyer. Case titles and citations come from Kenya Law; the counts, topics, propositions and “treatment” labels are derived from the briefs and can be incomplete or wrong. Use them as a research aid and always read the original judgment before relying on anything here. This is not legal advice.