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Parkirestephen Munkasio & 14 others v. Kedong Ranch Limited & 8 others

(2016) JELR 95111 (CA)

Court of Appeal  •  Civil Application 13 of 2016  •  8 Dec 2016  •  Kenya

Coram
Hannah Magondi Okwengu, Jamila Mohammed, Patrick Omwenga Kiage

Judgement

RULING OF THE COURT

The motion before us dated 2nd March 2015 is brought under Rule 5(2) (b) of the Court of Appeal Rules and seeks at prayer 3 and order that;

“3. Pending the hearing and determination of this appeal from the judgment delivered by the Hon. Justice SilaMunyao dated in Petition 57 of 2014) this Honourable Court be pleased to grant a stay of execution of the said Judgment and particularly grant an injunction restraining the respondents either through themselves, agents, servants or employees from evicting the applicants from the suit land being L.R 8396 (L.R 1197)”.

That prayer does not mention the date of the judgment and decree sought to be stayed pending appeal but from the record it is quite clear it is the one delivered by the learned Judge on 24th September 2015.

On the face of the motion are the grounds on which it is founded and we note right away that they are inelegantly framed in a repetitive and verbose manner thus;

1. By the judgment dated 24th September 2015 del…

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