SIKOWO KISO MOSES AND JOAN CHEBET BARASA VS DANIEL WANJALA MASAI WAMOTO alias DANIEL WANJALA MAASAI alias WAMOTO DANIEL WANJALA MASAI alias DANIEL WANJALA alias DANIEL WAMOTO MASAI alias DANIEL MASAI alias DANIE MASAI WAMOTO

'   1. Upon the Appellant’s/Applicant’s notice of motion dated 6th November 2025 and filed on 11.11.2025 coming up for hearing before me the ex parte in the first instance, I have duly considered the application herein, the affidavit in support thereof sworn by Moses Barasa on even date and the enclosures annexed thereto and I do note that whereas the orders of stay granted by the lower court for 30 days from 9th October 2025 have lapsed, no evidence has been adduced to demonstrate that execution process has commenced and as such I do find that no urgency has been demonstrated. I thus make the following orders: -
i. This application is not certified as urgent.
ii. The same be served within 3 days and a response be filed within 6 days from the date hereof.
iii. Inter-partes hearing is set for 19.11.2025 by way of oral submissions.
iv. An order of stay of execution of the judgment delivered on 9th October 2025 in Kimilili CMCC E041/2023 is hereby granted until 19.11.2025

Delivered, signed, and dated at Bungoma this 11th day of November, 2025.

MWANAISHA S. SHARIFF
JUDGE.

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