JAMES NGUGI MWANGI V PETER NGOCHI NDWIGA [2012] KEHC 4514 (KLR)

Editorial Summary

1. Civil Appeal

2. Civil Practice & Procedure

3. Subject of Subordinate case:

3. 1           Not disclosed.

4. Application for stay of execution

16th March 2012

5. Held:

i)             Court notes information on file

too brief to know content of application.

ii)            Further affidavit be filed.

6. Case Law:

7. Advocates:

i)               J L Kariuki holding brief for R.M. Mutiso instructed by

M/s R M Mutiso & Co Advocates for appellant/ original defendant.

ii)             M/s Mwaura Kamau & Co Advocates for respondent/original plaintiff - absent

REPUBLIC OF KENYA

IN THE HIGH COURT

AT NAIROBI

MILIMANI LAW COURTS

Civil Appeal 118 of 2012

JAMES NGUGI MWANGI …………………….… APPELLANT/ORIGINAL DEFENDANT

VERSUS

PETER NGOCHI NDWIGA…….………….………. RESPONDENT/ ORIGINAL PLAINTIFF

(Being an appeal arising from the Ruling of Hon. S. Okato (Senior Principal Magistrate) in Case No. 13161 of 2006 dated 20th February 2012 at Nairobi)

R U L I N G NO. 1

Application for Stay of Execution

16th March 2012

I.CERTIFICATE OF URGENCY

1. The matter before me is for certificate of urgency seeking orders for stay of execution of the judgment delivered on 28th September 2011 in CMCC 1316/06.

2. I have perused this application and find that there is little or no information upon which a ruling can be written as to whether a stay of execution can be issued or not.

3. I hereby order that a further affidavit be filed and or the subordinate court file be called up.

4. This matter be mentioned on 26th March 2012 at 10. 00 a.m.

DATED THIS 26TH DAY OF MARCH 2012 AT NAIROBI

M.A. ANG’AWA

JUDGE

Advocates

i)             J L Kariuki holding brief for R.M. Mutiso instructed by

M/s R M Mutiso & Co Advocates for appellant/ original defendant.

ii)            M/s Mwaura Kamau & Co Advocates for respondent/

Original plaintiff - absent