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Ntarangwi M'Ikiari v. Commissioner of Lands, Municipal Council of Meru & Jackson Muyua Mutera

(2013) JELR 95073 (CA)

Court of Appeal  •  Civil Application Nai 106 of 2012 (UR 83/2012)  •  18 Sep 2013  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, James Otieno Odek, Patrick Omwenga Kiage

Judgement

RULING OF THE COURT

Before us is a Notice of Motion application brought under Rule 5(2)(b) of the Court of Appeal Rules (the Rules) which seeks stay of the proceedings of H.C.C.C No. 153 of 1995 at Meru pending the hearing and determination of the intended appeal against the ruling of the High Court dated 29th September, 2011.

The genesis of this application is that the applicant instituted a suit in Chief Magistrate’s Court at Meru being CMCC No. 164 OF 1995 seeking inter alia an order of eviction against the 3rd respondent from L.R No. Ntima/Igoki/2224 ( the suit property). Thereafter, the applicant commenced H.C.C.C. No. 153 of 1995 after he discovered that the 1st and 2nd respondents, in collusion with the 3rd respondent, intended to divide the suit property into two portions and issue title over one portion to the 3rd respondent. Therein he obtained orders maintaining status quo over the suit property. Subsequently CMCC No. 164 of 1995 was transferred to the High Court and was assi…

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