KENYA BUS SERVICES LIMITED v ROSEMARY NYAMWERU [2000] KECA 49 (KLR)

REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT NAIROBI

Civil Appli 132 of 2000 (59/2000 UR)

KENYA BUS SERVICES LIMITED..........................................APPLICANT/INTENDED APPELLANTS

AND

ROSEMARY NYAMWERU.....................................................................................................RESPONDENT

(An application for a stay of execution pending an appeal from the judgment of the High Court of Kenya at Nairobi dated the 17th February, 2000

in

H.C.C.C. NO. 1489 OF 1994)

********************

RULING OF THE COURT

The proceedings in the superior court appear to have been conducted in such a manner as to lead us to believe that there ought to be stay of the execution of the decree of the superior court until such time the intended appeal is heard and determined.  The moneys already deposited in court by the applicant are hereby ordered to be refunded to the applicant's advocates.  Costs of this application shall be costs in the intended appeal.

Dated and delivered at Nairobi this 23rd day of May, 2000.

R.O. KWACH

......................

JUDGE OF APPEAL

A.M. AKIWUMI

....................

JUDGE OF APPEAL

A.B. SHAH

................

JUDGE OF APPEAL

I certify that this isa true copy of the original.

DEPUTY REGISTRAR.