ROSE WAMBUI WACHIRA v PETER MURIITHI MWAI [2010] KEHC 2792 (KLR)

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT EMBU

Civil Appeal 21 of 2009

ROSE WAMBUI WACHIRA…………………………………………….APPELLANT

VERSUS

PETER MURIITHI MWAI……………………………………………RESPONDENT

R U L I N G

The application dated 3/6/2009 seeks only 1 prayer i.e;

“That the Honourable court be pleased to stay execution of the Judgment and or orders delivered on 26th January 2009 and all subsequent orders by the Senior Resident Magistrate Kerugoya in Civil Suit No. 261 of 2008 until the hearing and determination of this application inter parties.”

As stated by counsel for the Respondent, there is no order seeking stay of execution until the appeal is heard and determined.

I have considered the application before me, the grounds on its faced and the rival affidavits.My finding is that the prayer sought will not prejudice the Respondent in any way- nor is it necessary to delve into the issues raised in detail.

I therefore allow the application and grant prayer 2 of the application as prayed.

Costs will be in the cause.

W. KARANJA

JUDGE

Delivered, signed and dated at Embu this 11th day of May 2010.

In presence of:-Mr. Magee for Ms Wanjiru for Respondent.