Exparte Ruling
Upon reading the Notice of Motion Application dated 6th March 2024, the Ex-Parte Chamber Summons dated 30th August 2024, the Respective Sworn supporting Affidavits by Ann Kagera Advocate, i find that the same has merit and that no prejudice shall be occasioned by my ex-parte ruling. i am thus incline to order as follows;
1. The Application dated 30th August 2024 and the Application dated 6th March 2024 are hereby certified as urgent warranting ex parte hearing and service thereof is accordingly dispensed with.
2. A temporary Order of Stay against Execution of Judgment/ Decree dated 29th November 2023, Pending hearing and Determination of the Appeal.
3. Leave to Appeal out of time is hereby Granted and the Draft Memorandum of Appeal filed herein is deemed as duly filed.
4. The Applicant shall within the next forty-five (45) days deposit the entire Decretal sum of kshs 618, 550/- in a Joint-Interest earning Bank Account in the joint names of the Advocate for the Respondent and the Advocate for the Applicant.
5. A Default by the Applicant to perform condition number 4 shall automatically vacate all orders made herein and the Applications dated 30th August 2024 and the one dated 6th March 2024 shall be deemed dismissed with costs to the Respondent.
6. The Applications dated 30th August 2024 and the one dated 6th March 2024 are hereby marked as spent.
It is so ordered