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Mombasa Technical Training Institute v. Agnes Nyevu Charo,Commissioner of Lands, Registrar of Titles & Others

(2012) JELR 98961 (CA)

Court of Appeal  •  Civil Application 208 of 2010  •  16 Mar 2012  •  Kenya

Coram
Emmanuel Okello O'Kubasu, David Kenani Maraga, Hannah Magondi Okwengu

Judgement

RULING OF THE COURT

This is an application by way of notice of motion brought under Rule 5(2)(b) of the Court of Appeal Rules, in which the applicant, Mombasa Technical Training Institute, seeks for orders that:-

“2. Pending the hearing and determination of the intended appeal, there be a stay of execution of the order of Hon. Mr. Justice Ojwang dated 15th March, 2010 in High Court Misc. Application No. 395 of 2009 (Mombasa) to the effect that:-

a. An order of prohibition prohibiting the Registrar of Titles from registering a document of title dated 24th April, 2009 or any title for the property known as LR NO. MN/1/14710 in favour of the applicant or any other party.

b. An order for certiorari shall issue removing into the High Court for quashing the decision of the Commissioner of Lands contained in a letter of officer dated 15/12/2007 and referenced 76474/IX granting Mombasa Technical Training Institute the property known as LR. No. MN/1/14710.

c. An order of certiorari shall issue remo…

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