Makena v Nalwa [2024] KEHC 7720 (KLR)

Makena v Nalwa (Civil Appeal E127 of 2024) [2024] KEHC 7720 (KLR) (28 June 2024) (Ruling)

Neutral citation: [2024] KEHC 7720 (KLR)

Republic of Kenya

In the High Court at Kisumu

Civil Appeal E127 of 2024

RE Aburili, J

June 28, 2024

Between

Faith Makena

Appellant

and

Wafula Nalwa

Respondent

(An appeal from the Ruling and order of the Hon. E. A. Obina PM in Kisumu Chief Magistrate’s Court CMCC No. E230 of 2023 delivered on 24th May 2024)

Ruling

1. I have heard the Appellant’s counsel Mr. Gichaba, Exparte on the Certificate of Urgency dated 25th June 2024 which was certified urgent on 27th June 2024.

2. I have perused the prayers sought and the grounds, together with the supporting affidavit and annextures thereto.

3. I am satisfied that the applicant has made out a case for an interim order staying the proceedings in Kisumu CMCC No. E230 of 2023.

4. I grant prayer No. (b) of the Notice of Motion dated 25th June 2024. I direct the Applicant to serve the Respondent with the application and this order, forthwith.

5. I further direct that upon service of the order and application upon the Respondent, he is granted 10 days of date of service to file and serve a Replying affidavit.

6. The Applicant will have 10 days of date of service to file and serve a further affidavit if need be, together with brief written submissions.

7. The Respondent will then have 10 days of date of service to file and serve a Supplementary affidavit together with written submissions.

8. As the court is proceeding on annual leave, mention on 23rd September 2024 to fix a Ruling date.

9. This Ruling/Directions to be typed and uploaded in the CTS forthwith.

10. The lower court to be served with this order.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 28TH DAY OF JUNE, 2024R. E. ABURILIJUDGE