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Joseph Mwangi Kamau (administrator of the Estate of Wilson Kamau Itume (Deceased) v. Jacob Ngigi Kanini, Thika Landless Co-operative Society Limited, District Land Registrar, Thika & Attorney General

(2019) JELR 100624 (CA)

Court of Appeal  •  Civil Application 184 of 2018 (UR. 150/2018)  •  8 Mar 2019  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Erastus Mwaniki Githinji, Jamila Mohammed

Judgement

RULING OF THE COURT

Background:

[1] Before us is a Notice of Motion dated 26th June, 2018 expressed to be brought under Rule 5(2) (b) of the Court of Appeal Rules.

Joseph Mwangi Kamau, (the applicant) the administrator of the Estate of Wilson Kamau Itume (Deceased) (the applicant herein), seeks an order of stay of execution pending the hearing and determination of his intended appeal against the judgment and Decree delivered by the Environment and Land Court (E&LC) at Nairobi, (K. Bor, J) on 7th May, 2018 in favour of Jacob Ngigi Kanini (the 1st respondent).

[2] The application is founded on the grounds set out on the face of the motion and also on the averments deponed in the supporting affidavit of the applicant. The 1st Respondent claimed to be the registered owner of LR. No. THIKA MINICIPALITY/BLOCK 24/1299 (the suit property) as it was allocated to him by the 2nd respondent by virtue of ballot No. 24756 in respect of plot No. 1256 dated 4th September, 1994. The applicant contende…

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