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EQUITY BANK KENYA LIMITED V. PENNINAH NJERI THIONGO, LUCY NDUTA THIONGO, ROSE NJOKI KENJU, LAND REGISTRAR, KIAMBU COUNTY & SUSAN CAROLINE GATHIGIA WERU

(2020) JELR 102409 (CA)

Court of Appeal  •  Civil Application Nai 258 of 2019  •  10 Jul 2020  •  Kenya

Coram
Wanjiru Karanja, Jamila Mohammed, Fatuma sichale

Judgement

RULING OF THE COURT

BACKGROUND

1) The applicant, Equity Bank Kenya Limited filed a Notice of Motion dated 2nd August, 2019 seeking orders inter alia that:

a) This Honourable Court be pleased to issue an order of stay of execution of the judgment and decree dated 3rd November, 2017 issued by the Environment and Land Court (ELC) in Nairobi in Civil Case No 902 of 2014 pending the hearing and determination of Nairobi Civil Appeal No 168 of 2019.

b) This Honourable Court be pleased to issue an order of injunction restraining the 1st respondent herein whether by herself, agents, servants, employees, invitees, and/or otherwise whomsoever from entering upon or trespassing, constructing of any structures, offering for sale, selling, disposing of, charging sub-dividing, dealing, alienating, occupying, managing, letting, receiving rent or otherwise using, residing and remaining or representing to any person as being the duly registered owner of all that piece of land formerly known as LR No. Kiamba…

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