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Josephine Koki Raymond v. Philomena Kanini Maingi (personal representative of Maingi Musila Mutava (Deceased) & Joyce Njoki Mbugua

(2018) JELR 100556 (CA)

Court of Appeal  •  Civil Appeal 16 of 2018 (Ur 15/2018)  •  8 Jun 2018  •  Kenya

Coram
Roselyn Naliaka Nambuye, Sankale ole Kantai, Fatuma sichale

Judgement

RULING OF THE COURT

The Applicant,Josephine Koki Raymond, (Applicant) comes before us by way of a Notice of Motion expressed to be brought under Rule 5 (2) (b) of the Court of Appeal Rules, substantively seeking an order to stay theexecution of the orders made in the High Court, delivered on the 26th January, 2018, pending the hearing and determination of the intended appeal.

The application was triggered by the Judgment of the High Court (O.A Angote, J), dated the 26th day of January, 2018, in Machakos ELC Case Number 345 of 2011.The Judgment arose from a Plaint filed by the Applicant against the Respondents dated the 21st day of November, 2011. In the said plaint, the Applicant sought orders that she was the bona fide purchaser and owner of land parcel number DonyoSabuk/Komarock Block1/1339 (the suit property). That claim was resisted by a jointdefence and counter-claim filed by the Respondents, contending that the suit property belongs to the 2nd Respondent.

The learned Judge after he…

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