China Wu Yi Company & another v Mwangi (Civil Miscellaneous Application E227 of 2025) [2025] KEHC 17129 (KLR) (30 October 2025) (Ruling) Neutral citation: [2025] KEHC 17129 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KIAMBU CIVIL MISCELLANEOUS APPLICATION E227 OF 2025 DO CHEPKWONY, J OCTOBER 30, 2025 BETWEEN CHINA WU YI COMPANY .............................................................. 1ST APPLICANT JOHN MWANGI WANJIRU ............................................................ 2ND APPLICANT AND SIMON MITOBIO MWANGI ............................................................. RESPONDENT RULING 1. The matter is for mention for the parties to confirm compliance of directions issued on 11th September, 2025 in respect of the Notice of Motion application dated 5th September, 2025. 2. Upon listening to both counsel for the parties, the court finds that they have discussed and agreed to compromise the Notice of Motion application dated 5th September, 2025 as follows:By consent of both counsel for the parties herein, the Notice of Motion application dated 5th September, 2025 be and is hereby allowed in the following terms:a. The time within which the Applicant may lodge their intended appeal against the Judgment delivered on 23rd July, 2025 in Kikuyu MCCC No.E347 of 2023. b. The Memorandum of Appeal attached to the Supporting Affidavit filed by M/S Joe Ngigi & Co, Advocates LLP be and is hereby deemed as duly filed and served upon the Respondent. c. The Deputy Registrar to call for and avail the original record of proceedings in Kikuyu MCCC No.E347 of 2023. d. The Applicant to file and serve a Record of Appeal within forty-five (45) days from the date hereof. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/17129/eng@2025-10-30 1
page 1 of 2
e. An order of stay of execution of the Judgment issued on 23rd July, 2025 in Kikuyu MCCC No.E347 of 2023 is hereby issued pending the hearing and determination of the Intended Appeal on condition that half (1/2) the decretal sum be deposited in court and the other half (1/2) in the Plaintifi’s Advocates Account within forty-five(45) days from the date of this Consent. f. Failure to comply with Order No.(e), will render the application automatically dismissed. THIS CONSENT IS ADOPTED THIS 30TH DAY OF OCTOBER, 2025. RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT KIAMBU THIS 30TH DAY OF OCTOBER , 2025. D. O. CHEPKWONY JUDGE In the presence of: M/S Ndeto counsel for the Applicant M/S Gathoni counsel for the Respondents Court Assistant – Martin/Sakina https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/17129/eng@2025-10-30 2
page 2 of 2