REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT BUNGOMA
CIVIL APPEAL NO. E OF 2025
MYCREDIT LIMITED…………………………………....………………………………………………………APPELLANT/APPLICANT
-VERSUS-
MAESO ASSOCIATES INVESTMENT LTD…………………………………………………………………… 1ST RESPONDENT
GEOFFREY MANYALI KIKECHI……………….…….…...…..………………………………………………….. 2ND RESPONDENT
GILLETTE TRADERS AUCTIONEERS………………...…………………………………………………………. INTERESTED PARTY
Ruling
I have considered the Certificate of urgency, the Notice of Motion dated 6th February 2025, the supporting affidavit sworn by Crispus Katana on even date and the enclosures thereto an d I do note that whereas the applicant has annexed a draft memorandum of appeal, it is yet to file any appeal wherefore I am not inclined to certify the application as urgent. I however not that it has furnished security by way of a bank guarantee to the tune of Ksh 2.4 million. I thus make the following orders:-
- This application is not certified as urgent.
- The same be served upon the respondents within 2 days from the date hereof.
- In the interim an order of stay of execution is hereby made against the orders of Hon Viola Yator PM made on 31st January 2025 in Webuye MCCC NO E 001 of 2023 for a period of 8 days.
- The respondents are directed to file their responses within 7 days from the date hereof
- Mention on 18.2.2025 for taking of further directions.
It is hereby so ordered
Delivered, signed and dated at Bungoma this 10th day of February 2025
MWANAISHA S SHARIFF
JUDGE