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Northwood Development Company Limited v. Husein Alibhai Pirbhai, Zoher Husein Pirbhai & Housing Finance Company of Kenya

(2015) JELR 94059 (CA)

Court of Appeal  •  Civil Application Nai 302 of 2014  •  20 Feb 2015  •  Kenya

Coram
Erastus Mwaniki Githinji, Daniel Kiio Musinga, Agnes Kalekye Murgor

Judgement

RULING OF THE COURT

Before us is a Notice of Motion dated 19th November 2014 that arises from the ruling and order of Mutungi, J. made on 23rd October 2014, in which the applicant prays for orders that:

1. Spent

2. Pending the hearing and determination of this application, stay of execution do issue of that part of the Ruling requiring the applicant to comply with clause l (v) of the order of 11th March 2013 and to effect the transfer of Town House No. 8 on property L.R. 7336/44 to the 1st and 2nd respondents within the next 60 days from the date of the Ruling.

3. Pending the hearing and determination of the intended appeal, stay of execution do issue of that part of the Ruling requiring the applicant to comply with clause l (v) of the order of 11th March 2013 and to effect the transfer of Town House No. 8 on property L.R. 7336/44 to the 1st and 2nd respondents within the next 60 days from the date of the Ruling.

4. Costs in the cause.

Briefly, the facts as they relate to the application a…

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