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JOHN NDUNGU NGETHE V. PATRICK MURIMA GITAU,EDWARD NGANGA KAMAU & PETER NJOROGE RIBIA

(1998) JELR 104298 (CA)

Court of Appeal  •  civil appl no.nai.175 of 98  •  17 Jul 1998  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Abdulrasul Ahmed Lakha

Judgement
<p class="ql-align-center">RULING OF THE COURT</p><p>:The applicant before us was ordered to vacate the suit premises by the superior court. He did not do so, although his other three co-defendants vacated the suit premises, presumably pursuant to the orders of the superior court.</p><p>This court ordered, at one stage, maintenance of status quo, as the appeal in question (pending the hearing of which the stay of</p><p>execution was sought) was to be heard on 28th April, 1998. That appeal, Civil Appeal No. 217 of 1997, was struck out.</p><p>The issue of eviction of the applicant came up before the superior court on 26th May, 1998 when the applicant merely sought</p><p>further time to move out and a consent order to that effect was recorded as follows:</p><p><em>&quot;1.That hearing be and is hereby stood over to 4th June, 1998 at 2.30 p.m. to allow time for the Respondents (one of them being the applicant) to give possession or move out if he is still on the said piece of land.&quot;</em></p><p>The superior court, on 4th June, 1998 ordered that the respondents be put into posse…</p>

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