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Cosmas Kiti & Others v. Charles K. Wanguhu & John Waweru

(2017) JELR 103072 (CA)

Court of Appeal  •  Civil Application 61 of 2016  •  21 Sep 2017  •  Kenya

Alnashir Ramazanali Magan Visram, Martha Karambu Koome, Wanjiru Karanja



By a Notice of motion dated 14th September, 2016, pronounced to be filed under Rule 4, and 5(b)(sic) of the Rules of this Court, the applicants through the firm of Richard O. and Co. Advocates seek “an order of stay of execution of the judgment and decree dated 6th March, 2015 pending the filing of the record and the hearing of the substantive appeal”

In his affidavit in support of the motion, Leonard Thuya Kenga deposes that judgment was entered against him and the other applicants in Malindi H. C. C. C No. 76 of 2006 on 6th day of March, 2015. In the said judgment, the court made a finding that the applicants herein were squatters on Plot No. 176 section 111 Mainland North, Kanamai, Kilifi County measuring 23.75 acres and ordered them to vacate the same, failing which they would be evicted therefrom.

They did not vacate and instead, filed a Notice of Appeal dated 6th March, 2015 on 9th March, 2015. We observe that to date, the record of appeal has yet to be filed.


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