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JudgmentSIMON MBUGUA THONGU VS ANN KWENDO OLISA1 min read

SIMON MBUGUA THONGU VS ANN KWENDO OLISA

High Court at Kisumu High Court · · M.S.Shariff


I have considered the Applicant’s notice of motion dated 25.4.2024, the affidavit in support thereof sworn on even date by Christine Musando advocate and the enclosures therein.  I have also considered the oral submissions of parties’ advocates and I do hereby allow the application and I make the following orders:-

1.    The Applicant is granted leave to file an appeal against the judgment in Kisumu CMCC No. E051 of 2023: Ann Kwendo -vs- Simon Mbugua Thongu within 3 days from the date hereof.

2.    An order of stay of execution of the judgment delivered on 28.3.2024 in Kisumu CMCC No. E051 of 2023: Ann Kwendo -vs- Simon Mbugua Thongu t/a Eldoret Express is hereby granted until the intended appeal is heard and determined on condition that the Applicant do deposit in a joint interest earning account of parties’ advocates the sum of KShs.3,484,432 within 45 days from the date hereof.

3.    In the event of default in compliance with order 2 hereinabove, the stay orders shall automatically lapse and the Respondent shall be at liberty to execute.
4.    The Applicant is directed to file the record of appeal within 7 days from the date hereof.

5.    This file is marked as closed.

Dated, signed and delivered at Kisumu this 19th day of September, 2024.



    SIMON MBUGUA THONGU VS ANN KWENDO OLISA SIMON MBUGUA THONGU VS ANN KWENDO OLISA