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Kimutai Lelei v. Hosea Bittok

(2020) JELR 99817 (CA)

Court of Appeal  •  Civil Application 48 of 2020  •  4 Dec 2020  •  Kenya

Coram
Roselyn Naliaka Nambuye, Hannah Magondi Okwengu, Jamila Mohammed

Judgement

RULING OF THE COURT

Background

1. Kimutai Lelei (the applicant) is calling upon us to invoke our original and discretionary jurisdiction under Rule 5(2)(b) of the Court of Appeal Rules (the Rules) and issue the following orders:

i. Stay of execution of the orders of eviction made on 25th February, 2020 in Eldoret E.L.C No. 414 of 2012 pending the hearing and determination of the intended appeal.

ii. An injunction restraining the respondent whether by himself, his servants and/or agents from evicting the applicant or alienating or harassing him in the occupation of PIONEER/NGERIA BLOCK 1 (EATEC)/113 pending the hearing and determination of the intended appeal against the decision made on 10th December, 2019 in Eldoret E.L.C No. 414 of 201, dismissing the application seeking to set aside the ex-parte judgment.

The application is premised on the grounds that firstly, it has been brought without undue delay; secondly, the intended appeals are arguable and; thirdly, unless the orders sought areā€¦

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