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Robert Muhambi Katana & 15 others v. Mombasa Teachers Co-operative Savings & Credit Society Limited

(2019) JELR 95155 (SC)

Supreme Court  •  Application 31 of 2018  •  8 Nov 2019  •  Kenya

Coram
Jackton Boma Ojwang, Isaac Lenaola, Mohammed Khadhar Ibrahim, Philomena Mbete Mwilu, Smokin C Wanjala

Judgement

RULING OF THE COURT

1. The applicants, through their Notice of Motion filed under certificate of urgency seek the following orders that:

a) The application be certified urgent and initial service be dispensed with in the first instance.

b) The court be pleased to order a stay of the execution of the Order issued by the Court of Appeal on 2/10/2018, ordering the Applicants and other 200 families to be evicted through for and demolitions (sic), pending the hearing and determination of this application

c) The Honorable court be pleased to extend time for filing the Notice of Appeal.

d) The applicant be at liberty to file the Record of Appeal within 30 days of the Order in prayer (C) above (sic).

e) Costs.

2. The application is brought under section 24(1) of the Supreme Court Act and rule 53 of the Supreme Court Rules. It is premised on the grounds that the appeal involves the interpretation and application of the constitution as envisaged under Article 163(4)(a); that the respondent is threaten…

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