United Millers Limited v Wkm (minor Suing Through Her Father and Next Friend Cmk) & 1 other

United Millers Limited v WKM (Minor Suing through Her Father and Next Friend CMK) & another (Civil Appeal E061 of 2025) [2025] KEHC 18528 (KLR) (13 November 2025) (Ruling) Neutral citation: [2025] KEHC 18528 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NYAMIRA CIVIL APPEAL E061 OF 2025 TW CHERERE, J NOVEMBER 13, 2025 BETWEEN UNITED MILLERS LIMITED ............................................................... APPELLANT AND WKM (MINOR SUING THROUGH HER FATHER AND NEXT FRIEND CMK) ................................................................................................ 1ST RESPONDENT SN NYACHAE & COMPANY ADVOCATES ............................. 2ND RESPONDENT RULING 1. The Appellant’s Notice of Motion dated 07th October 2025 sought, inter alia, an order of stay of execution of the decree issued in Nyamira CMCC No. E194 of 2022 pending determination of this appeal. The appeal itself challenges the ruling delivered on 02nd October 2025, by which the subordinate court dismissed the Appellant’s earlier application dated 23rd April 2025 seeking stay of execution of the same decree. 2. The application was not opposed by the Respondents and had been fixed for ruling on 13th November 2025. 3. Before the ruling date, the parties, through their respective advocates Ngaywa & Kibet Partners LLP for the Appellant and T.O. Nyangosi & Co. Advocates for the 1st Respondent, recorded a consent dated 31st October 2025, which was filed on 03rd November 2025, settling the application. 4. In light of that consent, the Court makes the following orders: 1. The consent dated 31st October 2025 and filed on 03rd November 2025 is adopted as an order of the Court 2. The Notice of Motion dated 07th October 2025 is marked as spent. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/18528/eng@2025-11-13 1

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