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Peter O Ngoge & Associates Advocates v. Coffee Board of Kenya, Crystal Valuers Limited & Rachier & Amollo Advocates

(2017) JELR 95252 (SC)

Supreme Court  •  Petition 33 of 2014  •  26 Jan 2017  •  Kenya

Coram
Jackton Boma Ojwang, Mohammed Khadhar Ibrahim, Philomena Mbete Mwilu, Smokin C Wanjala, Susanna Njoki Ndungu

Judgement

THE REPUBLIC OF KENYA

IN THE SUPREME COURT OF KENYA AT NAIROBI

(Coram: Mwilu; DCJ and V-P, Ojwang, Ibrahim, Wanjala and Njoki; SCJJ)

PETITION NO. 33 OF 2014

PETER O. NGOGE and ASSOCIATES ADVOCATES..........PETITIONER

- VERSUS -

1. COFFEE BOARD OF KENYA

2. CRYSTAL VALUERS LIMITED

3. RACHIER and AMOLLO ADVOCATES..................RESPONDENTS

(An appeal from the Ruling and Orders of the Court of Appeal (Gatembu Kairu, M’Inoti and J. Mohammed JJA) at Nairobi, given on the 3rd October, 2014 in Civil Application No. NAI 47 of 2011)

RULING

A. INTRODUCTION

[1] The petition before the Court is an appeal against a Ruling of the Court of Appeal dated 3rd October, 2014 in which the Appellate Court dismissed the petitioner’s application, seeking Orders of stay of execution against a Ruling of the High Court. The application had also sought further Orders to restrain the respondents and their auctioneers from interfering with the petitioner’s occupation of the subject premises. In response to the petition, the …

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