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Nyangate Guto v. Maxwell Okemwa Mogere & National Bank of Kenya Limited

(2012) JELR 94016 (CA)

Court of Appeal  •  Civil Application 124 of 2011  •  27 Jan 2012  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Alnashir Ramazanali Magan Visram, Philip Nyamu Waki

Judgement

RULING OF THE COURT

In his notice of motion dated the 16th May, 2011 and lodged in the Court on the 23rd May, 2011, Nyangate Guto alias Watson Mogere Mogoko, hereinafter, “the applicant”, asks the Court for two basic orders, namely that:- “1. Pending the lodging, hearing and determination of the intended Appeal in the Court of Appeal the 1st and 2nd Respondents be restrained whether by themselves or by their agents, servants or otherwise howsoever from advertising, offering for sale, leasing, mortgaging, charging, transferring, assigning or taking possession of and/or otherwise dealing with the property L.R. NO. 209 Section III Nairobi.2. Pending the lodging, hearing and determination of the intended appeal in the Court of Appeal, there be a stay of execution of the Decree for the payment of costs to the 1st and 2nd Respondents and the proceedings in that regard.” The 1st respondent is Maxwell Okemwa Mogere; he is the son of the applicant. The 2nd respondent is the National Bank of Ken…

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