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Dickson Olentikoisa v. Land Dispute Committee Rift Valley Province,Serah N. Theuri-Thothi Kianda Self Help Group & Edith Njambi Kamau Senior Resident Magistrate Kajiado

(2014) JELR 102708 (CA)

Court of Appeal  •  Civil Application Nai 234 of 2010 (UR 168 of 2010)  •  30 May 2014  •  Kenya

Philip Nyamu Waki, Roselyn Naliaka Nambuye, Philomena Mbete Mwilu



Before us is a notice of motion dated the 11th day of October, 2010 brought under Rules 5(2) (b) and 42 of the Court of Appeal Rules. The main prayers are for an injunction to issue against the respondents to prevent them from executing the order issued by the 3rd respondent, and an order for stay of further proceedings in the 3rd respondent’s Court in respect of the suit premises until the hearing and determination of the applicants intended appeal. The order sought for an injunction is essentially an order for stay of execution.

The background to the application is that, once upon a time there existed a property known as NTABHATI/27 Saikeri Group Ranch, in Ngong-Kajiado. The applicant Mr. Dickson Ole Ntikoisa was a member of that group Ranch, owning a number of shares and entitled to a certain acreage of the land not specifically defined on the ground by then. On the 15th day of September, 1988, the applicant executed a sale agreement with one Edith Njambi Kamau in…

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