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Kaydee Quarry Limited v. Hussein Ali Benyoka (Suing on his own behalf and also as the Administrator of the Estate of Benyoka Mwakoyo)

(2019) JELR 100200 (CA)

Court of Appeal  •  Civil Application 26 of 2019  •  25 Jul 2019  •  Kenya

Coram
Hannah Magondi Okwengu, Agnes Kalekye Murgor, Stephen Gatembu Kairu

Judgement

RULING OF THE COURT

1. The applicant, Kaydee Quarry Limited, seeks an order to stay execution of a judgement of the Environment and Land Court at Mombasa in ELC No. 48 of 2016 delivered on 29th March 2019 by which the applicant was restrained from utilizing, quarrying, alienating, selling or dealing with the unregistered parcel of land measuring approximately 4.94 acres situated at Kokotoni within Kaliang’ombe Adjudication. The court also ordered the applicant to vacate the property. The applicant is aggrieved by that judgement and lodged a notice of appeal on 3rd April 2019.

2. In the affidavit in support of the application before us, Vijay Mohanlal Khimji Patel a director of the applicant deposes that the applicant entered into a lease dated 12th May, 1978 for an indefinite term with one Benyoka Makoya, who held himself out as the owner of 1.5 acres of the property; that on 19th February 1978, it entered into a lease for an indefinite term with Stephen Benyoka Makoya who held himself …

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