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RAHAB WAITHIRA NDERU, FRANCIS KINUTHIA NDERU, ZAKAYO KAGOMBE NDERU, HARRISON KARIUKI NDERU, ARTHUR KIMANI NDERU, ERICK KARANJA NDERU & ANTHONY NG'ANG'A NDERUv JOSEPHINE MUKAMI NDERU

(2007) JELR 94719 (CA)

Court of Appeal  •  Civil Appli. Nai 57 of 2007 (UR.40/07)  •  27 Apr 2007  •  Kenya

Coram
Philip Kiptoo Tunoi, Philip Nyamu Waki, William Shirley Deverell

Judgement

RULING OF THE COURT

The matter before us is an application under rule 5(2)(b) of the rules of this Court (the rules) seeking an order:

“THAT this Honourable Court be pleased to grant a stay of execution of the judgment and Decree of the High Court of Kenya at Nairobi (Ransley J.) delivered on the 1st of March, 2006 pending the hearing and determination of the instant appeal”.

The dispute between the parties relates to a piece of land otherwise known as LR. Nyandarua/Wanjohi/433, (“the suit land”) situate in Wanjohi Settlement Scheme in Nyandarua. Josephine Mukami Nderu (Josephine), who is the respondent here and the plaintiff before the superior court, claimed that the suit land was allocated to her by the Settlement Fund Trustees (SFT) in 1966 and was eventually registered in her name in 1988 upon completion of the payments due to SFT. She now holds the title under the Registered Land Act and is entitled to enjoy her full rights under section 28 of that Act. On the other side of the di…

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