REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT EMBU Civil Appeal 21 of 2009 ROSE WAMBUI WACHIRA…………………………………………….APPELLANT VERSUS PETER MURIITHI MWAI……………………………………………RESPONDENT RULING The application dated 3/6/2009 seeks only 1 prayer i.e; “ That the Honourable court be pleased to stay execution of the Judgment and or orders delivered on 26 th January 2009 and all subsequent orders by the Senior Resident Magistrate Kerugoya in Civil Suit No. 261 of 2008 until the hearing and determination of this application inter parties.” As stated by counsel for the Respondent, there is no order seeking stay of execution until the appeal is heard and determined. I have considered the application before me, the grounds on its faced and the rival affidavits. My finding is that the prayer sought will not prejudice the Respondent in any way- nor is it necessary to delve into the issues raised in detail. I therefore allow the application and grant prayer 2 of the application as prayed. Costs will be in the cause. W. KARANJA JUDGE Delivered, signed and dated at Embu this 11th day of May 2010. In presence of:-Mr. Magee for Ms Wanjiru for Respondent.
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.