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Philip Masanga Wanjala v. Solomon Francis Nangendo Wanyonyi

(2018) JELR 96720 (CA)

Court of Appeal  •  Civil Application 3 of 2018  •  4 Oct 2018  •  Kenya

Coram
Erastus Mwaniki Githinji, Hannah Magondi Okwengu, Jamila Mohammed

Judgement

RULING OF THE COURT

[1] This is an application brought under Rule 5 (2) (b) of the Court of Appeal Rules for an order that the execution of the judgment and decree of the High Court dated on 18th December, 2017 be stayed pending the hearing and determination of the intended appeal. The application is supported by the affidavit of the applicant. It is opposed by the respondent on grounds filed in court on 20th September, 2018.

[2] The applicant intends to appeal against the judgment of the Environment and Land Court, Bungoma, which ordered the Land Registrar, Bungoma, to cancel the registration of the applicant as the proprietor of land title No. Bokoli/Mukuyuni/1194 (suit land) and reinstate the name of Waswa Biket (deceased), the previous registered owner.

The plaintiff (the respondent herein ) is the administrator of the estate of the deceased proprietor. The applicant’s title was cancelled for the reason that the transfer of the land to the applicant was fraudulent.

[3] For the court t…

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