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Eliphas Cosmas Nyambaka v. Charles Angucho Suchia

(2017) JELR 102502 (CA)

Court of Appeal  •  Civil Application 71 of 2016  •  10 Feb 2017  •  Kenya

Wanjiru Karanja, Festus Azangalala, Stephen Gatembu Kairu



1. The applicant seeks a stay of execution of a judgment delivered on 27th July 2016 in which the High Court at Bungoma (S. Mukunya, J) in High Court Civil Case No. 123 of 2010 decreed that the respondent is entitled to be registered as the owner of a land parcel known as Title Number Bungoma/Naitiri/506 comprising of 2.02 hectares having acquired it by adverse possession.

2. In the application and in his supporting affidavit, the applicant says that he filed a notice of appeal and that his intended appeal from that judgment has “overwhelming chances of success.” The alleged notice of appeal is however not part of the record of his application. He does not say, either on the face of the application or in the affidavit in support where he considers the learned judge of the High Court went wrong in his judgment.

3. However, during the hearing of the application, learned counsel for the applicant Mr. J. S. Khakula urged us to allow the application saying that adverse pos…

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