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Joseph Gitahi Gachau & Beatrice Wangechi Gitahi v. Pioneer Holdings (Africa) Ltd, Pioneer Assurance Co. Ltd & Evelyn Waleghwa Ng'ang'a

(2014) JELR 100718 (CA)

Court of Appeal  •  Civil Application 157 of 2013 (UR 106/2013)  •  4 Apr 2014  •  Kenya

Coram
Philip Nyamu Waki, George Benedict Maina Kariuki, Kathurima M'inoti

Judgement

RULING OF THE COURT

Before us is a motion on notice taken out under rule 5(2) (b) of the rules of this Court. The motion, dated 8th July, 2013 seeks stay of execution of an order of the High Court dated 5th February, 2013 until the applicants’ intended appeal is heard and determined. By the said order, the High Court directed the Registrar of Titles to cancel entry No. 8 on the certificate of title No 52081 relating to LR No. 14970/49.

Briefly the background to the application is as follows. The applicants, JOSEPH GITAU GACHAU and BEATRICE WANGECHI GITAHI, husband and wife respectively purchased the suit property, LR No. 14970/49, Evergreen Estate off Kiambu Road in 1996 through a mortgage of KShs.3,500,000/- financed by the 1st and 2nd respondents. Subsequently the 1st and 2nd respondents, alleging default on repayment by the applicants, exercised their power of sale and sold the suit property by public auction, on 11th November, 2005 to the 3rd respondent, EVELYN WALEGHWA NG’ANG’A.

On …

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