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Kihuria Kamuri & Another v. Jackson Maina Mwangi

(2006) JELR 99843 (CA)

Court of Appeal  •  Civil Application 112 of 2005  •  24 Mar 2006  •  Kenya

Coram
Philip Kiptoo Tunoi, Emmanuel Okello O'Kubasu, William Shirley Deverell

Judgement

RULING OF THE COURT

The applicants Kihuria Kamuri and Jane Waturi Mwaura have applied by Notice of Motion dated 26th April 2005 under rule 5(2)(b) of the Court of Appeal Rules (hereinafter “the Rules”) for an order that execution of the judgment of Mr. Justice J. Mwera dated 8th October 2002 and the decree subsequent thereto issued on 12th December 2003 be stayed pending the hearing and determination of the appeal filed on 28th February 2005.

The grounds of the application assert that the appeal has good grounds of success and the appeal will be rendered nugatory if no stay is granted and that if stay is not granted the applicant will suffer substantial loss.

In a case such as this in which land is in issue and the evidence is sketchy as to exactly what payments were made to whom and for what, the less we say the better about the merits of the dispute at this stage when we are dealing only with the interlocutory application for an injunction pending the hearing of the intended appeal.

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