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JudgmentMwamba And Gitonga Advocates VS Dalu Company Limited1 min read

Mwamba And Gitonga Advocates VS Dalu Company Limited

High Court at Milimani High Court · · D. S. Majanja

In the application dated 24.04.2023, the Applicant seeks an order for stay of execution. Having heard the parties, the application is dismissed for the following reasons:
1. The Applicant concedes that the decretal amount has not been settled and the Respondent was entitled to execute.
2. The motor vehicle KBA 395Z which was attached and which the Applicant seeks to stay the sale has now been sold.
3. There appears to be an outstanding amount which ought to be settled and there is no basis to grant the injunction which has, in any case, been overtaken by events.
4. The application is dismissed with costs assessed at Kshs. 5,000.00.

DATED and DELIVERED at NAIROBI this 17th day of MAY 2023

D. S. MAJANJA

JUDGE