Fatuma Nuru Mukoro v Amina Abdi Lama [2017] KEHC 6402 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MARSABIT

MISCELLANEOUS CIVIL APPLICATION NO.17 OF 2016

FATUMA NURU MUKORO …APPLICANT

VERSUS

AMINA ABDI LAMA ……...RESPONDENT

RULING

The applicant's application is brought by way of  notice of motion dated 7th June 2016  pursuant to sections 30,39 and 79 and Order 22 Rule22 and Order 42 rule 6  of the Civil Procedure Rules 2010 and any other enabling provisions of the law.  The applicant is seeking orders as follows:-

1. That there be a stay of execution of the judgment and decree and all the consequential orders in Kadhi's case number 90 of 2015 pending inter-parte hearing and determination of the intended appeal.

2. That the applicant be granted leave to file an appeal out of time.

3. That the draft memorandum of appeal be deemed as properly filed and served.

4. Costs of this application be borne by the Respondent.

I have perused the affidavits by both parties and the submissions by their respective counsel. The application in my view is merited. Since the appeal will be canvassed before me, it would be prudent if I do not say much at this stage.

The 1st 2nd and 3rd prayers of the application are allowed. For this application each party will meet own costs.

DATED at MARSABIT  this 19th    Day  of  April 2017

KIARIE WAWERU KIARIE

JUDGE.