Chemigas Limited v Maurice Nyandugu alias Maurice Carlos Ouma [2020] KEHC 3311 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT SIAYA

KISUMU HIGH COURT MISCEELLEANOUS CIVIL CASE NO. 116 OF 2020

CHEMIGAS LIMITED...........................................................................RESPONDENT/APPLICANT

VERSUS

MAURICE NYANDUGU alias MAURICE CARLOS OUMA.........APPLICANT/RESPONDENT

RULING

1. I have considered the two applications on record, one seeking leave of Court to be heard during the recess and the other seeking for temporary stay of attachment of the applicant’s property in execution of decree.

2. I grant leave to the applicant to be heard during the recess. I further certify the application of stay as urgent and direct the applicant to serve the Respondent forthwith for interpartes consideration by the Recess Duty Judge at Kisumu High Court on 7. 9.2020.

3. In view of the impending attachment of the proclaimed property, I hereby grant an interim stay of attachment of the applicant’s property proclaimed on 31. 8.2020 by Jokacho Auctioneers until the matter is mentioned interpartes on 7. 9.2020 by the Recess Duty Judge, Kisumu High Court.

4. Matter remitted back to Kisumu High Court for conclusion.

5. Orders accordingly.

Dated, Signed and Sealed at Siaya this 4th  day of September, 2020

R.E. ABURILI

RECESS DUTY JUDGE