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Dakane Abdullahi Ali v. Kenya Anti Corruption Commission, Judith Marilyn Okungu & Northern Construction Co. Ltd

(2008) JELR 102949 (CA)

Court of Appeal  •  Civil Appli 255 of 2007  •  8 Feb 2008  •  Kenya

Coram
Samuel Elikana Ondari Bosire, John walter Onyango Otieno, Erastus Mwaniki Githinji

Judgement

RULING OF THE COURT

Dakane Abdullahi Ali, the applicant, has moved this Court under rule 5(2)(b) of the Court of Appeal Rules, principally for an order that the proceedings in High Court Miscellaneous Civil Application No. 186 of 2007 allegedly pending before the superior court, “or any other proceedings between the parties herein” be stayed pending the hearing and final determination of his intended appeal.

The applicant’s intended appeal is against the decision of Visram, J. dated 16th October, 2007. The subject matter of proceedings before Visram J. is land known as LR. No. 209/16441 I.R. 100691, situated in Nairobi. Kenya Anti Corruption Commission (the Commission) the 1st respondent, alleged in the above proceedings that the land had been allotted to the City Council of Nairobi for the benefit of Racecourse Primary School, a public educational institution. It is averred in a supporting affidavit to those proceedings that Judith Marilyn Okungu, the 2nd respondent, who was then Commi…

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