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Moses Kariuki Wachira v. Joseph Muriithi Kanyita, Monica James,John Mburu & Investment & Mortgage Bank Limited

(2011) JELR 98935 (CA)

Court of Appeal  •  Civil Application 237 of 2009  •  25 Mar 2011  •  Kenya

Coram
Daniel Kennedy Sultani Aganyanya, Erastus Mwaniki Githinji, Joseph Gregory Nyamu

Judgement

RULING OF THE COURT

The application before us is grounded on rule 5(2)(b) of this Court’s rules and seeks the substantive order in these terms:

“That the execution of the ruling and order by the Nairobi High Court in Milimani HCCC 423 of 2009 dated 24th July 2009 be stayed and an injunction do issue pending the lodging, hearing and final determination of the intended appeal against the ruling and order of the honourable learned Mr Justice Kimaru dismissing with costs the applicant’s chamber summons application dated 30th May 2009.”

The background to the application is that the applicant claims to be the beneficial and true owner of the property known as Land Reference Nairobi/Block/94/170 Nyari, having purchased the same from Mikah Njeri Gitaru and Joseph Muriuki Gitau being the legal administrators of the estate of the late Samson Mwaura Gitau. The applicant’s beneficial interest is based on a sale agreement dated 21st September, 2004 which provided, inter-alia, that the purchase price…

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