Calleja v Kariuki (Commercial Case 1471 of 2025) [2026] SCC 39 (KLR) (10 June 2026) (Order) Neutral citation: [2026] SCC 39 (KLR) REPUBLIC OF KENYA IN THE SMALL CLAIMS COURT AT MOMBASA COMMERCIAL CASE 1471 OF 2025 TN MWANGEKA, RM JUNE 10, 2026 BETWEEN HUGO BERNARDO BALDASANO CALLEJA .................................... APPLICANT AND VICTOR GATONYE KARIUKI ......................................................... RESPONDENT ORDER 1. This Matter coming up on 10th June 2026 for directions on the Notice of Motion dated 28th May 2026 before Honourable Theresa N. Mwangeka Upon Considering the Certificate of Urgency, Notice of Motion Application and Supporting Afidavit of J. K. Gatuguta sworn on even date seeking stay of execution pending Appeal together with all consequential orders; It Is Hereby Ordered: 1. That the matter is not certified urgent. 2. That pending inter parties hearing and determination of this application an Interim Order of Stay of Execution of the Judgment and Decree is hereby issued. 3. That the Applicant to serve the Application together with this order upon the Respondent by 12th June 2026. 4. That a response to the Application be filed and served by the Respondent upon the Applicant by 16th June 2026. 5. That inter-parties hearing of the application to proceed on 17th June 2026. GIVEN UNDER MY HAND AND SEAL OF THE HONOURABLE COURT THIS……10TH ….OF……JUNE…….2026. https://new.kenyalaw.org/akn/ke/judgment/scc/2026/39/eng@2026-06-10 1
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SIGNED BY/FOR: HON. THERESA N. MWANGEKA MOMBASA SMALL CLAIMS COURT Penal Notice: Take notice that any disobedience or non-observance of the order of the court served herewith will result in penal consequences to you and any other person(s) disobeying and not observing the same. https://new.kenyalaw.org/akn/ke/judgment/scc/2026/39/eng@2026-06-10 2
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