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Edwin Mwai Kiruai v. Peter Wambugu Gichomo

(2010) JELR 106806 (CA)

Court of Appeal  •  Civil Application 256 & 178 of 2009  •  12 Nov 2010  •  Kenya

Coram
Philip Kiptoo Tunoi, Erastus Mwaniki Githinji, Joseph Gregory Nyamu

Judgement

RULING OF THE COURT

This is an application under Rule 5(2)(b) and 42 of this Court’s Rules for stay of execution of orders of the superior court (Khaminwa, J.) given on 10th December, 2007 in Succession Cause No. 37 of 2006 at Embu pending the hearing and determination of the intended appeal against the ruling of superior court (Karanja, J.) delivered on 30th July 2009 at Embu in the succession cause mentioned above. On 10th December, 2007, the superior court ordered that the applicant be evicted from a 3 acre portion of land he occupies namely Baragwe/Thumaita/487 but the applicant denies service of the application which led to the eviction order being granted. Upon learning of the existence of the ex-parte orders, the applicant by an application dated 12th June 2008 sought to have the orders set aside or reviewed by the superior court. However, the application was dismissed on 30th July 2009 hence the application before us.

The application is based on the grounds set out in the body o…

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