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…February 2024, until payment in full. ii) THAT this Honourable Court be pleased to order the Respondent to refund the Applicant the sum of Kshs 468,701/=, being a taxation fee of 5% as per Part 5 of the Second Schedule of…

…the Court of Appeal Rules, 2022. iii) THAT the costs of this Application be provided for. 2.…

…In that case, while dealing with a similar objection raised against an Application for stay pending Appeal filed under Rule 5(2) of the Court of Appeal Rules, the Court held as follows: “Mr.…

…Granted, the above decision was made pursuant to an Application brought under the Court of Appeal Rules in which the considerations are different.…

…He deponed further that Rule 82 of the Court of Appeal Rules required the Defendant to file a Memorandum of Appeal before the Court of Appeal within 60 days from date of filing the Notice of Appeal, namely 5/02/2024, unless…

…under Rule 83 of the Court of Appeal Rules, seeking striking out of such Appeal, and which mandate does not lie with the High Court.…

…He deponed further that Rule 82 of the Court of Appeal Rules required the Defendant to file a Memorandum of Appeal before the Court of Appeal within 60 days from date of filing the Notice of Appeal, namely 5/02/2024, unless…

…under Rule 83 of the Court of Appeal Rules, seeking striking out of such Appeal, and which mandate does not lie with the High Court.…

…Although the above authority was dealing with provisions of the Court of Appeal Rules, the same logic applies to the High Court.…

…Now, no one knows how the Court of Appeal will rule.…

…The last case, referring to the exercise of discretion by the High Court and the Court of Appeal in the granting stay of execution, under Order 42 of the CPR and Rule 5(2) (b) of the Court of Appeal Rules, respectively, emphasized…

…The last case, referring to the exercise of discretion by the High Court and the Court of Appeal in the granting stay of execution, under Order 42 of the CPR and Rule 5(2) (b) of the Court of Appeal Rules, respectively, emphasized…

…The Court of Appeal, too, held in the same manner in the case of Mary Nchekei Paul vs Francis Mundia Ruga [2019] eKLR, even though it was dealing with an Application under Rule 4 of the Court of Appeal Rules, which however…

…The last case, referring to the exercise of discretion by the High Court and the Court of Appeal in the granting stay of execution, under Order 42 of the CPR and Rule 5(2) (b) of the Court of Appeal Rules, respectively, emphasized…

…The last case, referring to the exercise of discretion by the High Court and the Court of Appeal in the granting stay of execution, under Order 42 of the CPR and Rule 5(2) (b) of the Court of Appeal Rules, respectively, emphasized…

…The last case, referring to the exercise of discretion by the High Court and the Court of Appeal in the granting stay of execution, under Order 42 of the CPR and Rule 5(2) (b) of the Court of Appeal Rules, respectively, emphasized…

…Rule 4 of the Court of Appeal Rules (Cap. 9 sub-leg) gives the single judge unfettered discretion and so long as the discretion is exercised judicially, a judge would be perfectly entitled to    consider any other factor…

…Rule 4 of the Court of Appeal Rules (Cap. 9 sub-leg) gives the single judge unfettered discretion and so long as the discretion is exercised judicially, a judge would be perfectly entitled to    consider any other factor…

…He questioned why these instructions were not given earlier, or within the time prescribed under Rule 77(1), (2) and (3) of the Court of Appeal Rules. He also observed that the Hon.…