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Mary Mutoro Sirengo & Joel Bob Sirengo v. Marcellus Lazima Chege

(2010) JELR 99239 (CA)

Court of Appeal  •  Civil Application 20 & 11 of 2010  •  19 Nov 2010  •  Kenya

Coram
Samuel Elikana Ondari Bosire, Philip Nyamu Waki, Erastus Mwaniki Githinji

Judgement

RULING OF THE COURT

This application is mainly brought under Rules 1 (2) and 5 (2) (b) of the Court of Appeal Rules for the main order that the respondents be restrained by an order of injunction from advertising for sale land parcel No. Trans- Nzoia/Sinyerere/301 (suit land) pending the hearing and determination of the intended appeal.

The application was filed on 11th February, 2010 under certificate of urgency certifying that unless the application was heard urgently, the respondent who had served a notification for sale of the suit land dated 29th January, 2010 would proceed with sale by public auction on 18th February, 2010. The application was supported by the affidavit of Mary Mutoro Sirengo the registered proprietor of the suit land deposing, among other things, that the intended public auction of the suit land was scheduled for 18th February, 2010.

The background to the application is briefly as follows.

On 16th July, 2004 the respondent instituted a suit H.C.C.C. No. 777 of 2004…

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