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Dickson Muricho Muriuki v. Timothy Kagondu Muriuki, Francis Kimondo Muriuki, Jane Warigia Muriuki, Winfred Wairimu Muriuki, David Wanjohi Muriuki, Central Province Land Disputes Appeals Committee & Chief Magistrate's Court at Nyeri

(2013) JELR 102713 (CA)

Court of Appeal  •  Civil Application Nyr 21 of 2013 (UR 5/2013)  •  10 Sep 2013  •  Kenya

Alnashir Ramazanali Magan Visram, Martha Karambu Koome, James Otieno Odek



The decisive issue in this application is whether this Court has jurisdiction to hear a matter where final judgment has been delivered by the Court. The complementary question is whether this Court has jurisdiction to grant stay of execution in a matter where it has delivered final judgment. The other issue is whether this Court can entertain an application for stay of execution pending the hearing and determination of an application for leave to appeal to the Supreme Court. A final question is whether this Court can entertain an application under Rule 5 (2) (b) of the Court of Appeal Rules (the Rules) when judgment has been delivered. In other other words can an application under Rule 5(2)(b) be made after delivery of judgment?

Before us is a Notice of Motion application under certificate of urgency dated 31st July 2013 brought pursuant to Rules 5(2)(b) and 47 of the Rules seeking inter alia stay of execution of the decree dated 12th July, 2007 in Nyeri C.M.C.C Awar…

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