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Charles Otiso G Otundo v. Ramesh Chander Dhingra

(2006) JELR 103251 (CA)

Court of Appeal  •  Civil Appli 289 of 2005  •  17 Mar 2006  •  Kenya

Coram
Emmanuel Okello O'Kubasu, Philip Nyamu Waki, John walter Onyango Otieno

Judgement

RULING OF THE COURT

We have before us an application by way of notice of motion brought under rule 5(2) (b) of the Court of Appeal Rules (the “Rules”). It is dated 25th October, 2005 and filed on 27th October, 2005. It is seeking an order that:

“The Honourable Court be pleased to grant an order of stay of execution of the judgment and decree dated 7th October 2005 in Nairobi H.C.C.C No. 1930 of 1997, together with all consequential orders, pending the hearing and determination of the intended appeal to this Honourable Court.”

The genesis of the application is, in brief, that the applicant, Charles Otiso Otundo, is the owner of four plots namely L.R Nos. Nyaribari Chache/B/B/Boburia/1448, 2780, 2995 and 3328. He leased out part of these properties to the respondent, Ramesh Chander Dhingra, who used part of the properties as an educational institution known as Gusii Highlights High School. There was a primary school which remained in the hands of the applicant. The respondent was, for purp…

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