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Francis Njoroge v. Virginia Wanjiku Njoroge

(2010) JELR 105483 (CA)

Court of Appeal  •  Civil Application 297 & 205 of 2009  •  19 Nov 2010  •  Kenya

Samuel Elikana Ondari Bosire, Daniel Kennedy Sultani Aganyanya, Philip Nyamu Waki



In his motion dated 1st October, 2009 and filed on 6th October, 2009, Francis Njoroge (“Francis”) seeks the following orders under rules 5 (2) (b) of the rules of this Court:

“1. THAT the respondent by herself, her servants and/or agents be restrained by way of injunction from transferring, selling, alienating, disposing, taking possession of or in any way at all dealing with Land Reference Number 1160/578 (original number 1160/161) pending the hearing and final determination of Civil Appeal No. 179 of 2009.

2. THAT there can be an order of stay of execution of the judgment and decree dated 24th October, 2008 pending the hearing and final determination of Civil Appeal Number 179 of 2009.”

The respondent (“Virginia”) was the wife of Francis since 1966 until about 1980 when they parted company. Their disagreement however started much earlier forcing Virginia to file suit in the High Court (H. C. C. C. No. 534 of 1982) seeking the subdivision of LR No 1160/161, measuring …

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