IN THE COURT OF APPEAL AT KISUMU
(Coram: Hancox, Nyarangi JJA and Gachuhi Ag JA
CIVIL APPLICATION NO NAI 41 OF 1985
Between
BATHOLOMEW MUYALE .............................APPLICANT
AND
SHEM NYAMBASI MULEFU ...........................DEFENDANT
ELIJA NANDI CHIKAMAI................................DEFENDANT
(In an intended appeal from an order of the High Court at Kakamega, Aganyanya J
in
Civil Suit No 13 of 1979)
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JUDGMENT
August 9, 1985, Gachuhi J delivered the following Judgment.
Batholomew Muyale filed a Notice of Motion before this court for stay of execution against the order of the High Court (Aganyanya J) dated April 15, 1985 dismissing his application for stay of execution. In his affidavit in support of the application, he refers to the fact that he has filed a High Court civil suit against Kenya Commercial Bank Ltd; in a bid to recover his land, which was sold by the Bank by way of public auction.
I have had the advantage of looking at the High Court file at Kakameg…