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Muthithi Investments Company Limited v. Commissioner of Prisons, Attorney General & County Government of Muranga

(2020) JELR 98765 (CA)

Court of Appeal  •  Civil Application 61 of 2020  •  20 Nov 2020  •  Kenya

Coram
Hannah Magondi Okwengu, Mohammed Abdullahi Warsame, Jamila Mohammed

Judgement

RULING OF THE COURT

Background

1. By way of a notice of motion dated 28th March, 2020, Muthithi Investments Company Limited (the applicant) urges this Court to exercise its discretion under Rule 5(2)(b) of the Court of Appeal Rules (this Court’s Rules) and grant it orders in the main:

a. That execution of the orders of Kemei, J. made on 27th January, 2020 ordering the revocation and cancellation of Title Number Muranga Municipality Block 2/525 (the suit property) be and is hereby stayed pending the hearing and determination of this application;

b. That the execution of the orders of the learned Judge made on 27th January, 2020 ordering the revocation and cancellation of the suit property be and is hereby stayed pending the hearing and determination of the intended appeal;

c. That the execution of the orders of the learned Judge permanently restraining the applicant from interfering with the suit property be and is hereby stayed pending the hearing and determination of this application;

d. T…

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