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Jane Kisaka Monga'u v. Joseph Ouma Onditi

(2020) JELR 101073 (CA)

Court of Appeal  •  Civil Application 26 of 2020  •  24 Jul 2020  •  Kenya

Coram
Hannah Magondi Okwengu, Daniel Kiio Musinga, Agnes Kalekye Murgor

Judgement

RULING OF THE COURT

1. In this application brought under rule 5(2) (b) of the Court of Appeal Rules, the applicant seeks stay of execution of the judgment delivered by the trial court on 31st July 2017 pending hearing and determination of the appeal.

2. The background to this application is that sometime in 2012, the respondent filed a suit in the Environment and Land Court at Eldoret, (ELC) to wit, ELC No. 38 of 2012, seeking a declaration that he was the registered proprietor of a parcel of land known as L.R No. Kitale Municipality Block 8/Bidii/779 (“the suit land”).

3. The respondent’s contention was that he purchased the suit land in 2005 from one Mark Opiyo Okal at a consideration of Kshs.180,000 and became the registered proprietor thereof on 12th July, 2010. Subsequent thereto, the respondent learnt that the applicant had unlawfully entered the suit land and started to construct a house thereon.

4. In her defence, the applicant stated that she bought the suit land from Malachi Opi…

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