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JudgmentSALMA ABUBAKAR EDARUS AND ABUBAKAR MALIK FEISAL SAGGAF ALAWY AND 1 Others VS MOHAMED MAULA SAGGAF1 min read

SALMA ABUBAKAR EDARUS AND ABUBAKAR MALIK FEISAL SAGGAF ALAWY AND 1 Others VS MOHAMED MAULA SAGGAF

High Court at Mombasa High Court · · Gregory Mutai

' 1. I have perused the Chamber Summons and the Notice of Motion, both dated 8th September 2025, vide which the Appellants/Applicants seek to have the Motion certified as being urgent and for it to be heard during the Court''s current vacation. I note that the 1st Appellant/Applicant was arrested and is currently in prison at Shimo La Tewa Prison for not having deposited the security that this court ordered them to deposit as a condition for the grant of stay pending apppeal. Under the circumstances, I certify the Motion as being urgent and admit it for hearing during the court''s current recess; 
2. The Appellants/Applicants aver that they have now obtained the sum they had been ordered to deposit in court in my ruling of 25th July 2025. The time within which they could do so has lapsed. The court must therefore consider what the Respondent has to say before deciding whether to allow the application or not. 
3. That being the case, I order that the Notice of Motion dated 8th September 2025 be served forthwith on the Respondent for hearing interpartes on 12th September 2025. 
4. It is so ordered. 
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