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Kenya Agricultural Research Institute v. Farah Ali, Chairman Isahakia Self Help Group (sued on his own behalf and on behalf of the members of the group & Commissioner of Lands

(2016) JELR 100153 (CA)

Court of Appeal  •  Civil Application 18 of 2016 (UR 12/2016  •  15 Apr 2016  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Festus Azangalala, Philomena Mbete Mwilu

Judgement

RULING OF THE COURT

1. This is an application under rule 5(2) (b) of this Court’s Rules for two principal orders namely, that there be a stay of proceedings in Nakuru High Court Civil Case (Nakuru HCCC) No. 23 of 2012 pending the hearing and determination of an intended appeal against the decision of Munyao J, dated 5th November, 2015 and that this Court be pleased to issue a conservatory order to compel the 1st respondent to give up vacant possession of the portions of land known as L.R NO. 5210 and L.R 5211, Naivasha in their possession and to further restrain the 1st respondents whether by themselves or their officers, juniors, agents, servants and/or employees from getting into and remaining upon the said parcels of land until the hearing and determination of the intended appeal. The applicant is Kenya Agricultural and Livestock Research Organization (KLRO). It has named as the 1st respondents, Farah Ali, Chairman Isahakia Self Help Group having been sued on his own behalf and on b…

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