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Kimani Gachuhi & Peter Mbuthia Gachuhi v. Evangelical Mission for Africa & Cindy Sanyu Okova

(2018) JELR 99830 (CA)

Court of Appeal  •  Civil Application Nai 140 of 2015 (UR 114/2015)  •  12 Oct 2018  •  Kenya

Coram
Martha Karambu Koome, Hannah Magondi Okwengu, James Otieno Odek

Judgement

RULING OF THE COURT

[1] Kimani Gachuhi and Peter Mbuthia Gachuhi the 1st and 2nd applicant respectively, have had a long-standing dispute with the respondents Evangelical Mission for Africa and Cindy Sanyu Okova. The subject of the dispute is a property known as LR No. 2951/84 (suit property). The dispute was referred to arbitration and an arbitration award was made, but this was challenged in the High Court. In a judgment dated 19th May 2015, the High Court set aside the arbitral award.

[2] The applicants filed a Notice of Appeal, and by a notice of motion dated 28th May 2015 brought under Rule 5(2(b) of the Court Rules, sought orders of stay of execution of the High Court judgment as well as an injunction restraining the respondents from, inter alia, carrying out any developments, construction or improvement of the suit property. On their part, the respondents filed a motion seeking to strike out the applicants’ Notice of Appeal on the grounds that the notice was incompetent and an ab…

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