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Chris Munga Bichage v. Zablon Ongaga Mogaka, Simon Ongaga & Mogaka Ongaga

(2018) JELR 103207 (CA)

Court of Appeal  •  Civil Appeal (Application) 47 of 2018  •  22 Oct 2018  •  Kenya

Coram
Erastus Mwaniki Githinji, Hannah Magondi Okwengu, Jamila Mohammed

Judgement

RULING OF THE COURT

[1] This is an application brought under Rule 5 (2) (b) of the Court of Appeal Rules, 2010, for orders that:

(i) the execution of the judgment of the High Court delivered on 23rd February, 2018 dismissing the applicant’s suit be stayed pending the hearing and determination of the pending appeal.

(ii) status quo pertaining to the suit premises be maintained and respondents be restrained from wanton destruction of the applicant’s properties in the suit premises.

[2] The application is supported by the affidavit of the applicant and annexed documents. It is opposed on the grounds contained in the replying affidavit sworn by Zablon Ongaga Mogaka and the annexed documents.

[3] The applicant is the administrator of the estate of his late wife Rosemary Wanjiru Bichage (deceased). The deceased was the registered proprietor of land Title No. Nyaribari/Chache/Keumbu/1702 which she bought from one Peter Ayako Beta in 1997 and allegedly took possession in 1998 and thereafter develo…

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