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M'mwongera Miruri v. Nancy Kanugu Mbaya

(2011) JELR 99185 (CA)

Court of Appeal  •  Civil Application 146 of 2011  •  2 Dec 2011  •  Kenya

Coram
Samuel Elikana Ondari Bosire, Daniel Kennedy Sultani Aganyanya, Alnashir Ramazanali Magan Visram

Judgement

RULING OF THE COURT

By his notice of motion dated 5th June, but filed in Court on 10th June, 2011, respectively, M’Mwongera Miruri (the applicant), seeks an order inhibiting the registration of parcel Nos. Kiirua/Naari/1404, 1405, 1406, 1407, 1408 and 1409 in favour of third parties, and also an order of injunction restraining Nancy Kanugu Mbaya, the respondent, from alienating, transferring, selling or in any way whatsoever, interfering with the applicant’s possession and user of two parcels of land, to wit, Kiirua/ Naari/1404 and 1409 until an intended appeal against the decision of the High Court (Lesiit, J.) given on 2nd June, 2011 at Meru is determined. The application is expressed to be brought under sections “3A, 3B of Cap 8, Order 5(2)(b) Court of Appeal Rules” and section 128 of Cap 300 Laws of Kenya. It is quite clear that the provisions cited at the heading of the motion are wrong as Cap 8, which is the Judicature Act does not have sections 3A and 3B. Likewise, the Rules of …

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