KUKYAMA MBUVI V. MUTISYA KISANGI
(1996) JELR 104635 (CA)
Court of Appeal
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Civil Application Nai 234 of 1995 (111/95 UR)
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27 Nov 1996
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Kenya
Coram
Johnson Evan Gicheru, Akilano Molade Akiwumi, Amrittal Bhagwanji Shah
Judgement
<p class="ql-align-center">RULING OF THE COURT</p><p>The applicant seeks under Rule 5(2)(b) of the Rules of this court, a stay of execution of the decree of the High Court for his eviction from the suit land, which is the subject matter of the litigation between him and the respondent, and against which decree he intends to appeal, until the determination of that appeal.He also seeks orders restraining the respondent from evicting him from the suit land and from disposing of it, until the determination of his intended appeal</p><p>The applicant had by originating summons, sought at the High Court a declaration that he was the owner of the suit land which had previously belonged to the respondent, by reason of his having been in undisturbed adverse possession of it for twelve continuous years. Conflicting evidence as to facts was given by both sides and the learned judge of the High Court had to make up his mind which evidence to believe.</p><p>He came to the conclusion that the applicant had not satisfied him that he had been in un…</p>