The application before court for determination is the Notice of Motion dated 28th November 2024. The application seeks for orders that there be stay of execution of the judgement and decree in WINAM MC ELC NO. E005 of 2022 together with all consequential and/or incidental orders pending the hearing and determination of the intended appeal. Secondly, that leave be granted to the Applicant to appeal out of time against the said judgement and decree.
The application was unopposed. Affidavit of Service sworn by George Ngala Awino on 28th January, 2025 shows that the Respondents were duly served.
I have considered the application and find that it has merit. The application is allowed in terms of prayer 3 and 4 thereof.
Memorandum of Appeal to be filed and served within 30 days hereof, failing which the stay order herein granted shall lapse. No order as to costs.
File closed.
E. ASATI
JUDGE
In the presence of:
Maureen: Court Assistant.
Odah for the Applicant.
Kajo for the 3rd and 4th Respondents.
No appearance for 1st and 2nd Respondents.