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Christine Nthakye Wambua v. Stephen Mbuthi,Mwangangi Mbuthi & Attorney General

(2017) JELR 103201 (CA)

Court of Appeal  •  Civil Application 209 "A" of 2016  •  7 Apr 2017  •  Kenya

Martha Karambu Koome, Wanjiru Karanja, Sankale ole Kantai



[1] Christine Nthakye Wambua (applicant) seeks an order of stay of execution of judgement and all consequential orders in Civil Appeal No. 16 of 2014, at the High Court of Kenya, Garissa, until the hearing and determination of an intended appeal. A brief recap of what has given rise to the instant Notice of Motion is this. The applicant, a resident of Mathuki village in Mwingi East District of Kitui County, was a proud owner of a donkey and its calf. Both donkey and its calf went missing on or about 19th August, 2011. The applicant started searching for her animals that had apparently and unknown to her strayed to a neighbour’s compound. It was the following day, 20th August, 2011,that the applicant that learnt the beasts were spotted in the compound of her neighbours, that is Stephen Mbuthi and Mawangangi Mbuthi, who are brothers (1st and 2nd respondents respectively). Upon requesting the respondents to release the animals, the respondents claimed they were holding…

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