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Michael Kiprorus & County Government of Kisumu v. Shajanand Holdings Ltd, District Land Registrar Kisumu & National Land Commission

(2020) JELR 99117 (CA)

Court of Appeal  •  Civil Application 152 of 2019  •  9 Oct 2020  •  Kenya

Coram
Wanjiru Karanja, Milton Stephen Asike Makhandia, Stephen Gatembu Kairu

Judgement

RULING OF THE COURT

1. The applicants have moved this Court under Rule 5(2)(b) of this Court’s Rules, for orders of stay of execution pending the hearing and determination of their intended appeal from the judgment and decree of the Environment and Land Court (ELC)(Boaz Olao, J), dated 31st October, 2019. In the impugned judgment the learned Judge granted orders to the effect that the applicants be evicted from Land Parcel No. KISUMU MUNICIPALITY/BLOCK 4/154 (the suit property) and the 2nd applicant’s counterclaim be dismissed with costs to the first respondent herein.

2. The application is supported by an affidavit sworn by one Arnold Omondi Guya, who describes himself as the 2nd applicant’s Acting Director – Housing, City of Kisumu. The affidavit sets out the background to the motion and the grounds upon which it is anchored. It also has various annexures in support thereof.

3. In brief, it is the applicants’ contention that the learned Judge’s decision compromised the 2nd applicant’s …

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