Pursuant to Section 34 of the Civil Procedure Act, issues of execution are dealt with in the same suit and not by a Separate Action.
- Consequently the application dated 20/11/2023 being an application for stay without an underlying appeal is fatally defective and untenable in law.
- The said application is consequently struck out in limine.
- The file is closed.
DELIVERED, DATED and SIGNED at NYERI on this 13th day of June, 2024.
In the presence of:-
No appearance for parties
Court Assistant - Jedidah