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Benson Mutura v. County Secretary County Government of Nairobi, County Clerk County Government of Nairobi, Lapfund & Nairobi County Government; Mariakani Estate Welfare Association & Aggrey Owiti (Interested Parties)

(2020) JELR 105732 (CA)

Court of Appeal  •  Civil Application 114 of 2019  •  7 Aug 2020  •  Kenya

Wanjiru Karanja, Daniel Kiio Musinga, Sankale ole Kantai



Hon. Benson Mutura (applicant) has moved this Court pursuant to Rule 5(2) b Court of Appeal Rules for two prayers in the main as against the 3rd respondent (LAPFUND) as follows:-

“3. THAT this Honourable Court be pleased to issue orders restraining the 3rd respondent by themselves, their officers, servants, agents or anyone acting on its behalf from taking over possession and/or management of Mariakani developed on LR No. 209/6612 pending the hearing and determination of this Application.

4. THAT in the alterative, this Honourable Court be pleased to direct that proceeds of rent from Mariakani Estate be paid into a joint escrow account in the names of the parties’ advocates herein pending further directions of the Court.”

The application follows the dismissal of High Court Petition No. 199 of 2019 by Korir, J on 30th April, 2020. In the Petition, the applicant was contesting a decision by the County Secretary, County Government of Nairobi to transfer ownership of Maria…

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