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Redempta Susan Chetembe v. Alice Muhonja Kirambi

(2020) JELR 94393 (CA)

Court of Appeal  •  Civil Application 126 of 2019 (Eldoret)  •  7 Aug 2020  •  Kenya

Coram
Wanjiru Karanja, William Ouko, Jamila Mohammed

Judgement

RULING OF THE COURT

1. In a judgment dated 14th June, 2018, the Environment and Land Court (ELC) at Kitale (M. Njoroge, J.) entered judgment in favour of Alice Muhonja Kirambi (the respondent) declaring her the owner of land Parcel No. Transnzoia/Liyavo/187 by way of adverse possession. The learned Judge further ordered that the said property be registered in the respondent’s name in place of the applicant’s.

2. Aggrieved, the applicant filed a notice of appeal dated 29th July, 2019 and subsequently filed this notice of motion on 1st October, 2019 seeking, inter alia, an order:-

“That pending hearing and determination of the appeal, there be an order of stay of execution of the judgment and decree delivered by Hon. Justice Mwangi Njoroge on 14th June, 2018 in Kitale ELC Misc. No. 48 of 2014 with respect to land parcel No. Trans Nzoia/Liyavo/187.”

3. From the nine grounds on the face of the application coupled with the deponments in the applicant’s supporting affidavit sworn on 1st October…

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