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Okiya Omtatah Okoiti & Nyakina Wycliff Gisebe v. Afrison Export Import Limited, Huelands Limited, Attorney General, Cabinet Secretary Ministry of Finance, National Land Commission, Cabinet Secretary, Ministry of Land, Housing and Urban Development, Telcom Kenya Continental Credit & Finance Limited (In Liquidation) & Official Receiver & Interim Liquidation

(2016) JELR 94074 (CA)

Court of Appeal  •  Civil Application 115 of 2016 (Ur 92/2016)  •  30 Sep 2016  •  Kenya

Erastus Mwaniki Githinji, Martha Karambu Koome, Festus Azangalala



[1] By their omnibus Notice of Motion dated 6th May, 2016, the applicants,

Okiya Omtatah Okoiti, (the 1st applicant) and Nyakina Wycliffe Gisebe, (the 2nd applicant), seek a raft of orders from this court, among them, permission to file an intended appeal from the decision of the High Court (Mabeya, J.), dated 12th

February, 2013 in Civil Case No. 617 of 2012 where they were not parties; extension of time to file and serve a Notice of Appeal, a Memorandum and a Record of Appeal and a stay of execution of the decree in the said case pending the lodgment, hearing and determination of the intended appeal.

[2] The suit before the High Court was between African Export Limited (the plaintiff now the 1st respondent), Huelands Limited (the 2nd Plaintiff now the 2nd respondent) against Continental Credit Finance Limited (in liquidation) the 1st defendant now the 8th respondent, the Official Receiver and Interim Liquidator), (the 2nd defendant now the 9th respondent and the Att…

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