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Joseph Muraya Gachuhi v. James Mukuria Njoroge (Suing as the Administrator of the Estate of the late Njoroge Thiaru), Joteth Limited & Commissioner of Lands

(2020) JELR 100637 (CA)

Court of Appeal  •  Civil Application 164 of 2020  •  4 Dec 2020  •  Kenya

Coram
Hannah Magondi Okwengu, Sankale ole Kantai, Patrick Omwenga Kiage

Judgement

RULING OF THE COURT

In a Judgment delivered by the Environment and Land Court (“ELC”) at Nairobi (K. Bor, J.) on 5th May, 2020 the court found in favour of the Plaintiff (James Mukuria Njoroge – suing as the Administrator of the Estate of the late Njoroge Thiaru – the 1st respondent here) in a dispute revolving around ownership of a parcel of land L.R. No. 13330/592.

In the Motion before us brought under Rules 1 (2), 5(2) (b), 42 and 47 of the Rules of this Court we are asked in the main:

“2. THAT pending the hearing and determination of this application the Honourable Court be pleased to issue an order of injunction thereby restraining the 1st respondent either by himself, his servant and or his agent from evicting the applicant from the suit property Land Parcel No. 13330/592 and also issue an order of a stay of execution of the Judgment and Orders issued by the High Court ELC Division (By Hon. Lady Justice K. Bor) delivered at Nairobi in ELC No. 462 of 2012 on 5th day of May, 2020 the…

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