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The Appellant’s Notice of Motion dated 07 th October 2025 sought, inter alia, an order of stay of execution of the decree issued in Nyamira CMCC No. E194 of 2022 pending determination of this appeal. The appeal itself challenges the ruling delivered on 02 nd October 2025, by which the subordinate court dismissed the Appellant’s earlier application dated 23 rd April 2025 seeking stay of execution of the same decree.
The application was not opposed by the Respondents and had been fixed for ruling on 13 th November 2025.
Before the ruling date, the parties, through their respective advocates Ngaywa & Kibet Partners LLP for the Appellant and T.O. Nyangosi & Co. Advocates for the 1 st Respondent, recorded a consent dated 31 st October 2025, which was filed on 03 rd November 2025, settling the application.
In light of that consent, the Court makes the following orders:
The consent dated 31 st October 2025 and filed on 03 rd November 2025 is adopted as an order of the Court
The Notice of Motion dated 07 th October 2025 is marked as spent.
There shall be no order as to costs
Mention before the DR on 21 st January 2026 to confirm filing of the record of appeal and for directions as to filing of submissions
Appearances
Court Assistant - Hilda
For Appellant - Ms. Musanzu for Ngaywa & Kibet Partners LLP
For 1 st Respondent - Mr. Oduor for T.O.Nyangosi & Co. Advocates
For 2 nd Respondent – N/A for S.N.Nyachae & Co. Advocates
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The Appellant’s Notice of Motion dated 07 th October 2025 sought, inter alia, an order of stay of execution of the decree issued in Nyamira CMCC No. E194 of 2022 pending determination of this appeal. The appeal itself challenges the ruling delivered on 02 nd October 2025, by which the subordinate court dismissed the Appellant’s earlier application dated 23 rd April 2025 seeking stay of execution of the same decree.
The application was not opposed by the Respondents and had been fixed for ruling on 13 th November 2025.
Before the ruling date, the parties, through their respective advocates Ngaywa & Kibet Partners LLP for the Appellant and T.O. Nyangosi & Co. Advocates for the 1 st Respondent, recorded a consent dated 31 st October 2025, which was filed on 03 rd November 2025, settling the application.
In light of that consent, the Court makes the following orders:
The consent dated 31 st October 2025 and filed on 03 rd November 2025 is adopted as an order of the Court
The Notice of Motion dated 07 th October 2025 is marked as spent.
There shall be no order as to costs
Mention before the DR on 21 st January 2026 to confirm filing of the record of appeal and for directions as to filing of submissions
Appearances
Court Assistant - Hilda
For Appellant - Ms. Musanzu for Ngaywa & Kibet Partners LLP
For 1 st Respondent - Mr. Oduor for T.O.Nyangosi & Co. Advocates
For 2 nd Respondent – N/A for S.N.Nyachae & Co. Advocates
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