AKAMBA PUBLIC ROAD SERVICES LTD vs MARY MUTHONI [2001] KECA 278 (KLR)

REPUBLIC OF KENYA IN THE COURT OF APPEAL

AT NAIROBI

CORAM: OMOLO, J.A. (IN CHAMBERS)

CIVIL APPLICATION NO. NAI 275 OF 2001 (153/01 UR)

BETWEEN

AKAMBA PUBLIC ROAD SERVICES LTD. .................... APPLICANT

AND

MARY MUTHONI ...................................... RESPONDENT

(Application for stay of execution pending an appeal from

a judgment of the High Court of Kenya at Embu

(Tuiyot J) dated 4th April, 2001

in

H.C.C.C. NO. 109 OF 1996)

***************** R U L I N G

I have now listened to counsel for the applicant and counsel for the respondent and I am afraid to still see nothing urgent in the matter. All that is being alleged is that a vehicle might be sold unless the matter is certified as being urgent. But the applicant can avoid the sale by paying the decretal amount. I still refuse to certify the application as urgent and I award the costs of today to the respondent.

Dated and delivered at Nairobi this 13th day of August, 2001.

R. S. C. OMOLO --------------- JUDGE OF APPEAL

I certify that this is a true copy of the original.

DEPUTY REGISTRAR