' REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT BUNGOMA
CIVIL APPEAL NO. E113 OF 2025
PRINCESS CAB & CAR HIRE…………APPELLANT/APPLICANT
VERSUS
DORIS JUMA WANYAMA…………………….… 1ST RESPONDENT
MARY TELLE NEKESA ……………………….. 2ND RESPONDENT
RULING
1. Upon the appellant’s Chamber Summons dated 21st August 2025 coming up for hearing on prayers for certification as urgent and admission for hearing of the substantive Notice of Motion of even date, during the High Court vacation, I have duly considered the said application and the affidavit in support thereof sworn by Marystella Nafula wekesa on even date and I do note whereas the impugned judgment was delivered on 2nd July 2025, the appellant took more than one month in moving this court. So far, there is no disclosure of whether the lower court costs have been assessed and no evidence of commencement of execution has been exhibited wherefore the appellant’s apprehension of imminent risk of execution is not factual. I therefore find that no urgency has been demonstrated. I thus make the following directions:
I) This application is not certified as urgent and the same is thus not admitted for hearing during the high Court Vacation.
II) The application be served within 4 days and a response be filed within 10 days from the date hereof.
III) Inter partes hearing is set on 29.9.2025.
IV) The status quo to be maintained until 29.9.2025
Given, signed and dated this 28th day of August 2025.
Mwanaisha S Shariff
Judge
'
IN THE HIGH COURT OF KENYA
AT BUNGOMA
CIVIL APPEAL NO. E113 OF 2025
PRINCESS CAB & CAR HIRE…………APPELLANT/APPLICANT
VERSUS
DORIS JUMA WANYAMA…………………….… 1ST RESPONDENT
MARY TELLE NEKESA ……………………….. 2ND RESPONDENT
RULING
1. Upon the appellant’s Chamber Summons dated 21st August 2025 coming up for hearing on prayers for certification as urgent and admission for hearing of the substantive Notice of Motion of even date, during the High Court vacation, I have duly considered the said application and the affidavit in support thereof sworn by Marystella Nafula wekesa on even date and I do note whereas the impugned judgment was delivered on 2nd July 2025, the appellant took more than one month in moving this court. So far, there is no disclosure of whether the lower court costs have been assessed and no evidence of commencement of execution has been exhibited wherefore the appellant’s apprehension of imminent risk of execution is not factual. I therefore find that no urgency has been demonstrated. I thus make the following directions:
I) This application is not certified as urgent and the same is thus not admitted for hearing during the high Court Vacation.
II) The application be served within 4 days and a response be filed within 10 days from the date hereof.
III) Inter partes hearing is set on 29.9.2025.
IV) The status quo to be maintained until 29.9.2025
Given, signed and dated this 28th day of August 2025.
Mwanaisha S Shariff
Judge
'