CONSUMER HIRE PURCHASE LTD vs ELIZABETH WAITHIRA KAMUYU [1998] KEHC 197 (KLR)

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CIVIL CASE NO. 4340 OF 1994

CONSUMER HIRE PURCHASE LTD......................................PLAINTIFF VERSUS ELIZABETH WAITHIRA KAMUYU...............................................................................DEFENDANT

RULING

This is the defendant’s application for a stay of execution of the order made herein on 15th May, 1998. When that order was made the learned counsel for the defendant did not appear. I have now read the affidavit of the learned counsel for the defendant and believe that the reasons given for non attendance are plausible.

Accordingly I grant the orders sought in the Chamber Summons dated 7th July, 1998. The application shall not be set down for hearing on merit and the counsel for the defendant shall pay the costs of this application. Orders accordingly.

Dated and delivered at Nairobi this 31st day of July, 1998

A. MBOGHOLI MSAGHA

JUDGE

Morara for plaintiff/respondent

Tiffo for Abnodha for defendant/applicant