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Cornel L. Shisanya v. Irene Juliet Otinga ,James Michael Luyali , Alex Shivachi Luyali , Lydiah Sylivia Luyali .,Godswill Tsavai Luyali ,Purity Mushere Luyali , Levis Luyali , Beatrice Luvuno Luyali & Oroba Matista Luyali

(2014) JELR 105098 (CA)

Court of Appeal  •  Civil Application 1 of 2014  •  8 Apr 2014  •  Kenya

Hannah Magondi Okwengu, Milton Stephen Asike Makhandia, Fatuma sichale



[1] By a notice of motion said to be brought under Order 40 Rule 1 and 2 of the Civil Procedure Rules 2010 and Rule 41, 42, 43 (1) and 47 of the Court of Appeal Rules and section 3A of the Civil Procedure Act, Cornel L. Shisanya moved this court as “recognized agent” applying for and on behalf of Mama Horoba Liyayi, mother of the deceased Ezekiel Luyali Liyayi. The orders sought in the motion included: an order for injunction, an order for stay of the orders given in Succession Cause No. 187 of 2009 on 9th December 2013, an order for stay of all consents unlawfully entered by Deputy Registrar, High Court of Kenya at Mombasa on 9th June 2012, and 18th August 2009 and an order by Justice J.B. Ojwang on 7th October 2009 and finally an order for stay of the proceedings in Succession Cause No. 187 of 2008.

[2] The application was supported by an affidavit sworn by Cornel L. Shisanya in which he depones that he is the recognized agent of Mama Horoba Liyayi and further depo…

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