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Peter Kamondia Njuguna v. Paul Nga'ng'a Gachie

(2020) JELR 94577 (CA)

Court of Appeal  •  Civil Application Sup 12 of 2020  •  6 Nov 2020  •  Kenya

Coram
Hannah Magondi Okwengu, Mohammed Abdullahi Warsame, Jamila Mohammed

Judgement

RULING OF THE COURT

[1] On 19th June, 2020 this Court (Ouko (P), Kiage and Murgor, JJ.A) delivered a judgment in which they dismissed an appeal that had been lodged by the applicant, Peter Kamondia Njuguna against the judgment of the High Court (Ang’awa, J) delivered in favour of the respondent Paul Ng’ang’a Gachie. The applicant who is aggrieved by the judgment of this Court has now moved the Court for orders, inter alia, for stay of execution of the judgment of the Court, and for the Court to grant leave to the applicant to appeal to the Supreme Court against that judgment.

[2] The application is based on the grounds that a substantial miscarriage of justice is likely to occur if the ownership of Kiambaa/Kanunga 486 (the suit property), that is subject of the litigation is not determined, and that there has been a substantial miscarriage of justice against the applicant who was condemned unheard by the panel of elders whose decision has been upheld by the two courts below.

[3] In accor…

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