Kirui v Cherotich (Family Appeal E018 of 2024) [2025] KEHC 5394 (KLR) (29 April 2025) (Ruling) Neutral citation: [2025] KEHC 5394 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAKURU FAMILY APPEAL E018 OF 2024 SM MOHOCHI, J APRIL 29, 2025 BETWEEN DOMINIC KIPCHUMBA KIRUI .......................................................... APPELLANT AND MARCELLAR CHEROTICH ............................................................. RESPONDENT RULING 1. I have considered the Return of Service dated 13th December, 2024 noting that the Respondent was duly served and failed to enter appearance or defend the motion. 2. This Court accordingly allows the motion dated 28th November, 2024 on the following terms: i. An order of stay against execution of judgment decree is hereby issued pending hearing and determination of the appeal. ii. The costs of the suit shall be in the cause. iii. The Appellant shall take steps to place the Appeal for admission and directions for hearing within 60 days from today. iv. Mention for compliance shall be on 24th July, 2025. RULING READ, SIGNED AND DELIVERED AT NAKURU THIS 29TH DAY OF APRIL, 2025 MOHOCHI. S. M. JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/5394/eng@2025-04-29 1
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