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Rhoda Mukuma v. John Abuoga

(1988) JELR 94730 (CA)

Court of Appeal  •  Civil Application NAI 95 of 1987  •  13 Jul 1988  •  Kenya

Coram
Joseph Raymond Otieno Masime, John Mwangi Gachuhi, Harold Grant Platt

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

(Coram:Platt, Gachuhi and Masime JJA)

CIVIL APPLICATION NO NAI 95 OF 1987

RHODA MUKUMA....................................PLAINTIFF

VERSUS

JOHN ABUOGA.....................................DEFENDANT

RULING

July 13, 1988, Platt, Gachuhi and Masime JJA delivered the following Ruling.

On November, 13, 1986, Schofield, J decided the dispute between the plaintiff and the defendant. He dismissed the plaint with costs to the defendant and entered judgment for the defendant on the counterclaim, ordering the eviction of the plaintiff from the suit premises and granting the defendant certain mesne profits with interest. The plaintiff appealed by a notice to that effect on November 14, 1986. The plaintiff also applied for stay of execution on November 19, 1986. The latter application was heard by O’Connor, J who ordered that the stay of execution would be refused in the High Court, but that there would be a stay for four weeks pending an application to the Court of Appeal.…

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