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Haithar Haji Abdi & Abdi Haithar Haji v. Southdowns Developers Limited

(2015) JELR 105467 (CA)

Court of Appeal  •  Civil Application Nai 160 of 2014  •  3 Jul 2015  •  Kenya

John Wycliffe Mwera, Hannah Magondi Okwengu, George Benedict Maina Kariuki



The two applicants herein filed a notice of motion dated 1st July, 2014 under Rule 5(2)(b) of the Court of Appeal Rules seeking stay of execution of the order arising from the ruling of the High Court (Mutungi, J) delivered on 20th June, 2014 after hearing the applicants’ notice of motion dated 28thNovember, 2013. That motion was brought under sections 3, 3A, 80 of the Civil Procedure Act. It sought orders to restrain the respondent company from dealing with the suit property LR No.13154 Langata Karen, Nairobi; reviewing/varying or setting aside the orders issued 9th October, 2013 and the decree issued on 3rd June, 2013. It was added in the prayers that some listed suits be declared a nullity for reasons stated, and that the Court orders one Paul Omondi Mbago, to bear the costs of the notice of motion and the suits referred to and listed. Those suits were not found to have a bearing here.

There were other prayers which the High Court did not find relevant for determi…

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