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Mohamed Shahid Moughal v. Michael Mooke Kikaye, Land Registrar Kajiado, National Land Commission, Attorney General, Estate of Lekerra Ole Kikae & Estate of Lekera Kikae Reipa

(2020) JELR 99004 (CA)

Court of Appeal  •  Civil Application 89 of 2020  •  24 Apr 2020  •  Kenya

Coram
Fatuma sichale, Patrick Omwenga Kiage, Stephen Gatembu Kairu

Judgement

RULING OF THE COURT

1. The applicant, Mohammed Shahid Moughal, has applied by notice of motion dated 19th March 2020 for orders of stay of execution of the judgment and decree of the Environment and Land Court at Machakos in ELC Case No. 753 of 2017 delivered on 10th March 2020 dismissing his suit and restraining him from interfering with “resultant subdivisions of land parcel number Kajiado/Ildamat/3” which the applicant claims to have purchased. The application is made under Rule (5)(2)(b) of the Court of Appeal Rules. He also seeks an order to restrain the Land Registrar, Kajiado, the 2nd respondent, from effecting any transaction on the said property pending the hearing and determination of the intended appeal from the said judgment. A notice of appeal was duly filed on 10th March 2020.

2. In his affidavit sworn on 19th March 2020 in support of the application, the applicant deposes that he entered into three separate agreements with the 1st respondent for the purchase of the proper…

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