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Matata Oyondi Nyakeya v. Joyce Bochere Nyakera

(2016) JELR 99209 (CA)

Court of Appeal  •  Civil Application 75 of 2015  •  1 Jul 2016  •  Kenya

Coram
George Benedict Maina Kariuki, Jamila Mohammed, James Otieno Odek

Judgement

RULING OF THE COURT

Before us is a Notice of Motion dated 13th March 2015 lodged pursuant to Rules 5(2)(b) of the Rules of this Court seeking, inter alia, stay of execution of the judgment dated 11th March 2012 of the trial court pending the hearing and determination of an intended appeal and an order; that the respondent be restrained from evicting the applicant from the property known as LR No. 209/359/7 Woodlands Avenue in Nairobi pending the hearing and determination of the instant application.

The grounds in support as stated on the face of the application and supporting affidavit deposed by the applicant are that the applicant is willing to file the intended appeal but has been frustrated by lack of certified copies of proceedings; that the intended appeal is highly arguable; that the trial court erred in its apportionment of shares to the parties in the matrimonial properties in dispute; that the apportionment was done against the weight of evidence on record due to misdirection …

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