Makena v Nalwa

Makena v Nalwa (Civil Appeal E127 of 2024) [2024] KEHC 7720 (KLR) (28 June 2024) (Ruling) Neutral citation: [2024] KEHC 7720 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KISUMU CIVIL APPEAL E127 OF 2024 RE ABURILI, J JUNE 28, 2024 BETWEEN FAITH MAKENA ..................................................................................... APPELLANT AND WAFULA NALWA ................................................................................ RESPONDENT (An appeal from the Ruling and order of the Hon. E. A. Obina PM in Kisumu Chief Magistrate’s Court CMCC No. E230 of 2023 delivered on 24th May 2024) RULING 1. I have heard the Appellant’s counsel Mr. Gichaba, Exparte on the Certificate of Urgency dated 25th June 2024 which was certified urgent on 27th June 2024. 2. I have perused the prayers sought and the grounds, together with the supporting affidavit and annextures thereto. 3. I am satisfied that the applicant has made out a case for an interim order staying the proceedings in Kisumu Cmcc No. E230 of 2023. 4. I grant prayer No. (b) of the Notice of Motion dated 25th June 2024. I direct the Applicant to serve the Respondent with the application and this order, forthwith. 5. I further direct that upon service of the order and application upon the Respondent, he is granted 10 days of date of service to file and serve a Replying affidavit. 6. The Applicant will have 10 days of date of service to file and serve a further affidavit if need be, together with brief written submissions. 7. The Respondent will then have 10 days of date of service to file and serve a Supplementary affidavit together with written submissions. https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/7720/eng@2024-06-28 1

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