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GRACE WAIRIMU SORORA (SUING ON BEHALF OF THE ESTATE OF SORORA OLOITIPTIP) V. CHAKA LIMITED, PAN AFRICA CREDIT & FINANCE LTD (THROUGH THE DEPOSIT PROTECTION FUND BOARD), ASHFORD KANG'ETHE T/A TOI EDUCATION SERVICES, BRIDGING SAVINGS AND CREDIT, CO-OPERATIVE SOCIETY LIMITED, PRINCIPLE REGISTRAR OF TITLES €“ NAIROBI, KIBUCHO LIMITED (THROUGH THE OFFICIAL RECEIVER & CITY COUNCIL OF NAIROBI

(2015) JELR 101753 (CA)

Court of Appeal  •  Civil Application Nai.62 of 2015 (Ur.53/2015)  •  12 Jun 2015  •  Kenya

Coram
John Wycliffe Mwera, Philomena Mbete Mwilu, James Otieno Odek

Judgement

RULING OF THE COURT

Grace Wairimu Sorora, on behalf of the estate of the late Sorora Oloitiptip filed the notice of motion herein on 11th march, 2015 under Rule 5(2)(b) Court of Appeal Rules, seeking three orders, that there be:

a stay of execution of the decree in the High Court Judgment (Nyamweya, J.), delivered on 2nd March, 2015, following the determination of the consolidated suits – Elc.592/10, Elc.29/12, Elc.340/10 and Elc.564/10.

an injunction to restrain the 1st respondent from alienating/encumbering Plot LR. No.209/9749 Nairobi; and

an injunction to restrain the 1st and 7th respondents from entering/evicting her from the said Plot LR. No.209/9749,

until Civil Appeal No.64/2014 is heard and determined. Learned Counsel present before us, were Mr. N. Havi and Ms. M. Ng’ania for the applicant; Mr. Lagat for the 1st respondent, Mr. E. N. Mwangi for the 2nd respondent, Mr. S. O. Kaumba for the 5th respondent and Mr. H. Faraji for the 7th respondent.

The affidavit of service filed in C…

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