Consolidated Bank of Kenya v Caroline Gacheri & 1 other

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MERU CIVIL APPEAL NO. 124 OF 2019 CONSOLIDATED BANK OF KENYA..........APPELLANT VERSUS CAROLINE GACHERI.........................1ST RESPONDENT THE ATTORNEY GENERAL.............2ND RESPONDENT (Being an Appeal from the Judgement and decree of Honourable O. Wanyaga, SRM in Maua CMCC No. 121 of 2015 dated 30.8.2019 and delivered and read by Hon C.K. Obara, PM 12.9.2019) RULING 1. Application dated 7th October 2019 filed by appellant seeks for orders of stay of execution of order and/or decree in Maua CMCC No. 121 of 2015 pending hearing and determination of the appeal herein. 2. The application was supported by the affidavit of Isayah Mwenda Mwarania Advocate sworn on 7 th October 2019. 3. The 1st Respondent by a Replying Affidavit sworn on 22nd October 2019 opposed the application . 4. I have considered the applicants application for staying of execution and opposition by 1 st Repondent and find that it will serve the ends of Justice if the applicant deposits Kshs 800,000/= in a joint interest earning account in a bank to be agreed on by the parties within 14 days pending the hearing and determination of the appeal herein. 5. Costs of the application to be borne by the applicant. HON A.ONG’INJO JUDGE RULING DELIVERED, DATED AND SIGNED IN COURT ON 21ST NOVEMBER 2019. In the presence of: CA:- Kinoti Appellant:- Mr Gichunge Advocate holding brief for Mwenda Mwarania Advocate for Appellant 1st Respondent:-Present in person 2nd Respondent:-No appearance Mention 26.2.2020 to confirm records of appeal filed and served.

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