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Joseph Yano v. Stephen Kibet Kiptum

(2019) JELR 100569 (CA)

Court of Appeal  •  Civil Appeal 43 of 2017  •  28 Jun 2019  •  Kenya

Erastus Mwaniki Githinji, Hannah Magondi Okwengu, Jamila Mohammed



[1] By a notice of motion dated 14th August, 2018 Joseph Yano the applicant who is the appellant in Civil Appeal No. 43 of 2017 seeks an order of stay of execution of the judgment/decree in Kitale ELC NO. 12 of 2012 delivered on 20th January, 2017 pending the hearing and determination of his appeal. In the judgment the learned judge had ruled against the applicant and ordered that an order of eviction do issue against him removing him and his agents from Plot No. 1431 Milimani Settlement scheme (suit property). It is that order that the applicant seeks to stay. In addition, the applicant seeks leave to amend the memorandum of appeal dated 20th April 2017 in Civil Appeal No 43 of 2018, and further leave to file a supplementary record of appeal to embody it.

[2] Following an agreement between the parties’ advocates, written submissions were duly filed and exchanged. The court is now called upon to determine the application on the basis of those submissions. For the app…

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