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Miriam Muthoni Mahihu (Sued on Her Own Behalf and as Executor of the Estate of Eliud Muchoki Mahihu (Deceased) & 5 others v. African Safari Club Limited [2013] eKLR

(2013) JELR 99055 (CA)

Court of Appeal  •  Civil Application 239 of 2012  •  19 Apr 2013  •  Kenya

Coram
Roselyn Naliaka Nambuye, William Ouko, Jamila Mohammed

Judgement

RULING OF THE COURT

Before us is an application dated 27th September, 2012, expressed to be brought under rule 5 (2) (b) of the Court of Appeal Rules (the Rules) seeking the following orders

1.Pending the lodging, hearing and determination of the intended appeal, there be stay of execution of the orders made in the decision of the superior court [sic] delivered on 21st September, 2012 (Muriithi, J) in H.C.C.C No. 586 OF 2011.

2. In the alternative and without prejudice to the above, in the event the applicants herein have already vacated the suit properties, L.R NOs. MN/1/856, MN/1/5902, and land referred to as No. 31500/XII/108 plan No. 122149/22A whereon stands the Flamingo Beach Hotel as at the hearing of this application, then there be an order made directing that the 6th Applicant herein be reinstated thereunto forthwith and to take vacant possession thereof unconditionally pending hearing and determination of the intended appeal.

The background to this application is that there exis…

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