REPUBLIC OF KENYA IN THE HIGH COURT OF KENYAT AT NYAHURURU CIVIL APPEAL NO E008 OF 2026 HASSAN GURE T/A HASKUL CONSTRACTORS LTD ……APPLICANT VERSUS JAMES MBURU KIRUNGE T/A WAMBU HARDWARE MARALAL ………………………. RESPONDENT (An appeal against the whole Judgment of Hon Justice J.T. Lolwatan in Maralal Commercial court being MCCC No E008 of 2022 at Maralal on 9th March 2023) BETWEEN JAMES MBURU KIRUNGE T/A WAMBU HARDWARE MARALAL…………..………………. PLAINTIFF VERSUS HASSAN GURE T/A HASKUL CONTRACTORS LTD …….. DEFENDANT RULING 1. This Applicant herein being dissatisfied with the decision of the court field amendment of appeal against the decision of the court. 2. In a Notice of motion dated 3/7/2026 the Applicant sought orders thus; a) The matter be certified as urgent. b) The Honourable court be pleased to grant leave to the firm of Benedict Odhiambo Oloo & Co Advocates to come on record on behalf of the Applicant herein. c) This Honourable court be pleased to grant the Applicant leave to file an Appeal out of time against the whole Judgment delivered pg. 1
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on 9th March 2023 by Hon Justice J.T. Lolwatan in Maralal Commercial Court being MCCC No E008 of 2022 at Maralal. d) That there be a stay of execution of the judgment delivered on 9 th March 2023 and the resultant decree pending hearing and determination of this application. e) That there be a stay of execution of the said judgment and decree pending the hearing and determination of the intended Appeal. f) The costs of this application be provided for. 3. A perusal of the application prompted the court to point out that the court would not sit at an appellate court against the decision of a judge of similar jurisdiction. 4. In the result a Notice of withdrawal of the Appeal was filed dated 10/7/2026 seeking to have the appeal withdrawn in the premises. The same is allowed and the file is closed. 5. It is so ordered. Dated, signed and delivered on 15th July, 2026 HON L. MUTENDE JUDGE pg. 2
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