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JudgmentPaul Ojuki Miyayi VS Jack Omondi Kisera (Sued as the legal rep of PAMELA ACHIENG KISERA)1 min read

Paul Ojuki Miyayi VS Jack Omondi Kisera (Sued as the legal rep of PAMELA ACHIENG KISERA)

Environment and Land Court at Kisumu Environment and Land Court · · E. ASATI, J

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT AT KISUMU

ELC APPEAL NO. ELCLA NO. 077 OF 2024

PAUL OJUKI MIYAYI……………………………….………..APPELLANT

VERSUS

JACK OMONDI KISERA (being sued as a

legal representative of PAMELA ACHIENG

KISERA alias PAMELA OWITI

KISERA, Deceased …………………………………….….RESPONDENT

(Being an appeal from the whole of the judgement of the Chief Magistrate’s Court at Kisumu (Hon. D. O. Onyango) delivered on 2nd September, 2024 in MCELC/131/2018)

BETWEEN

PAUL OJUKI MIYAYI…………………………………………..PLAINTIFF

VERSUS

JACK OMONDI KISERA (being sued as a

legal representative of PAMELA ACHIENG

KISERA alias PAMELA OWITI

KISERA, Deceased) …………………………………….…DEFENDANT

RULING

The application before court for determination is the Notice of Motion dated 19th September 2024. It seeks for an order that pending the hearing and determination of the appeal, an order of stay of execution of the judgement delivered on 2nd September 2024 in KISUMU CMC MCELC NO. 131 OF 2018 be issued.

The application was supported by the contents of the Supporting Affidavit sworn by the applicant on 21st September 2024 and the annextures thereto one of which is a copy of the Memorandum of Appeal.

The application was unopposed. Affidavit of Service sworn by Berick Odundo on16th October 2024 shows that the applicant was served on 25th September 2024.

I have considered the application and the grounds upon which it is brought, I find merit in the application and hereby allow it in terms of prayer 3 thereof. No order as to costs.

Orders accordingly.

Ruling, dated and signed at Kisumu, read virtually this 17th day of October 2024 through Microsoft Teams Online Application.

E. ASATI,

JUDGE.

In the presence of:

Maureen- Court Assistant.

for the Applicant.

for the Respondent.

Details

Delivered

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