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Peter K. Ng'ang'a v. John W. Karimi & Baord of Management Buruburu Girls Secondary School

(2020) JELR 94152 (CA)

Court of Appeal  •  Civil Application. Nai. 268 of 2019  •  24 Apr 2020  •  Kenya

Coram
Daniel Kiio Musinga, William Ouko, Sankale ole Kantai

Judgement

RULING OF THE COURT

(An application for injunction and/or a stay of execution pending the lodging, hearing and determination of an intended appeal from the Judgment and Decree of the Environment and Land Court of Kenya at Nairobi (J.M. Onyango, J.) delivered on 23 rd May, 2019 in E.L.C Case No. 444 of 2005.)

1. This is an application under rules 1(2) and 5(2)(b) of the Court of Appeal Rules, 2010. The applicant seeks stay of execution of the judgment and decree of the Environment and Land Court delivered on 23rd May, 2019 pending filing, hearing and determination of an intended appeal.

2. According to the applicant, in December, 2004 he purchased a property known as L.R No. 209/12116/17 (“the suit property”) from the 2nd respondent and paid the entire purchase price. The 2nd respondent subsequently executed a transfer of the suit property in favour of the applicant sometimes in 2004. The applicant proceeded to develop the suit property at a cost of more than Kshs.50,000,000/=.

3. Earlier …

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