JOSHUA NYAMACHE T OMASIRE V. CHARLES KINANGA MAENA
(2014) JELR 104717 (CA)
Court of Appeal
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Civil Application 8 of 2014 (UR 4/2014)
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23 May 2014
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Kenya
Coram
John walter Onyango Otieno, Festus Azangalala, Sankale ole Kantai
Judgement
<p class="ql-align-center">RULING OF THE COURT</p><p>By the Notice of Motion dated 26<sup>th </sup> February, 2014 brought under Sections 3A and 3B of the Appellate Jurisdiction Act and Rules 5 (2) (b) and 47 of this Courts Rules the Applicant Joshua Nyamache Omasire seeks various orders. These are in essence that we grant a stay of execution of the judgement of the High Court of Kenya at Kisii delivered on 27<sup>th</sup> July, 2010 in HCCC No. 153 of 2003 pending hearing and determination of Civil Appeal No. 151 of 2012 and further that we grant injunctive orders against the respondent Charles Kinanga Maena and his agents. The motion is supported by grounds set out and an affidavit sworn by the applicant on 26<sup>th</sup> February, 2014.</p><p>The genesis of the whole matter is a land dispute between the applicant and the respondent where the applicant, as plaintiff, sued the respondent before the High Court which in the said Judgement dismissed the applicants suit and decreed that the disputed parcel of land belonged to the respondent. As the issues in …</p>