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…Court of Appeal rules.…

…On application by the Plaintiff in the Court of Appeal, the Court of Appeal struck out the Defendant’s record of appeal on 22nd March 2023 for the reason that the same was served out of time.…

…The Applicant being aggrieved by the Judgement and Decree dated 25.09.2014 in the proceedings known as ELDORET ELC NO.499 OF 2014 filed an Appeal before the Court of Appeal which was known as ELDORET COURT OF APPEAL CIVIL…

…In the Judgement and Decree dated 28.06.2019 by the Court of Appeal in ELDORET COURT OF APPEAL CIVIL APPEAL NO. 111 OF 2015, a Judgement was entered in favour of the Applicant hence bestowing him the ownership of the suit…

…before the court of Appeal.…

…In so far as the present application seeks settling aside of the stay of execution orders issued herein on the basis that there is no appeal before the Court of Appeal, the court having found that it cannot interrogate the…

…The application is based on grounds interalia; (i)   That the Court of Appeal in Nakuru in Civil Appeal Nos.…

…The Court of Appeal in its decision in the case of Unigroup Transporters Ltd Vs. Mwasawe (Civil Appel No.…

…KISUMU COURT OF APPEAL CASE NO.…

…The Applicant being aggrieved by the judgement pronounced on the 29.03.2023 proceeded to file an Appeal before the Court of Appeal known as KISUMU COURT OF APPEAL CASE NO.…

…The Respondent being aggrieved by the Judgement filed an Appeal before the Court of Appeal and an Application for stay of execution.…

…According to the Court, the Application for stay of execution was filed in the Court of Appeal. Any directions, orders or review can only be done by the Court of Appeal.…

…The 2nd Defendant/Respondent being aggrieved by the Judgement pronounced on the 20.12.1999 proceeded to file a an Appeal before the Court of Appeal which was registered as NBI COURT OF APPEAL CIVIL APPEAL NO. 153 OF 2002.…

…before the Court of Appeal known as NAIROBI COURT OF APPEAL CIVIL APPEAL NO. 153 OF 2002.…

…The Plaintiff averred that the application could only be entertained by the Court of Appeal under Rule 5 (2) (b) of the Court of Appeal Rules.…

…Such an order can only be granted by the Court of Appeal under Rule 5(2)(b) of the Court of Appeal Rules 2022.…

…to the Court of Appeal.…

…namely, KISUMU Court of Appeal, Appeal No.…

…However, the hearing of the application is dependent upon the Court of Appeal diary necessitating the present application.…

…That the applicant was forum shopping approaching this court after it had failed to secure orders at the Court of Appeal.…

…The Defendants averred that their appeal to the Court of Appeal had high chances of success.…

…” pending the outcome of the Court of Appeal proceedings.…

…(ii) The Petitioner proceeded to file an appeal which is pending before the Court of Appeal at Nakuru.…

…This same relief was sought by the same Applicant before the Court of Appeal and the Court of Appeal considered the same and rendered a Ruling. 22.…

…to the Court of Appeal.…

…to the Court of Appeal shall be deemed to have been filed when under the Rules of that Court notice of appeal has been given.”…

…Nakuru Court of Appeal Civil Appeal No.…

…The Applicants have now appealed to the Court of Appeal in Nakuru Civil Appeal No. E092 of 2025. d.   …

…(SPENT) THAT pending the hearing and determination of the Applicant’s Appeal being KISUMU COURT OF APPEAL CIVIL APPEAL NO.…

…According to the Applicant, this Court should exercise its discretional powers and arrest the said Ruling scheduled for 22.08.2024 as there is an Appeal before the Court of Appeal known as KISUMU COURT OF APPEAL CIVIL APPEAL…

…before the Court of Appeal in Kisumu. 66.…

…the Court of Appeal which is yet to hear and make its determination thereof. 70.…

…He argues that the Court of Appeal in Kisumu Civil Appeal No. E030 of 2023 advised the Applicant to seek joinder and relief here.…

…It is also not in dispute that the Applicant is not a party to the court of appeal case pending hearing and determination. 42.…

…EAST UGENYA/KATHIENO ''B''/237 was heard interpartes and determined in favour of the applicant vide SIAYA ELC CASE NO. 15 OF 2021. 2) THAT the respondents then filed appeal at the Court of Appeal designated as KISUMU COURT…

…The applicant has also annexed copies of the decree in SIAYA ELC CASE NO. 15 OF 2021 and certificate of urgency, Notice of Motion and hearing notice from the Deputy Registrar Court of Appeal Kisumu in KISUMU COURT OF APPEAL…

…The Respondent was aggrieved and lodged an Appeal before the Court of Appeal at Nakuru i.e Appeal No. 138 of 2018 and on 2/2/2024 the Court of Appeal set aside the Judgment at Nyahururu ELC No 239 of 2017 (OS).…

…So the Decision by the Court of Appeal which was in favour of the Plaintiff, what the Plaintiff is seeking from the Courts is enforcement of the orders issued by the Court of Appeal.…