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Robert Mutiso Lelli v. Kenya Medical Training College, Attorney General & Commissioner of Lands

(2020) JELR 94300 (CA)

Court of Appeal  •  Civil Appeal (Application) 555 of 2019  •  5 Jun 2020  •  Kenya

Milton Stephen Asike Makhandia, William Ouko, Jamila Mohammed



Being aggrieved with the judgment of K. Bor, J. delivered on 24th May, 2019 in which the applicant’s suit was dismissed and the 1st respondent’s counter-claim allowed with costs, the applicant lodged the present appeal in which this application has been brought on 15th November, 2019. He subsequently filed a notice of motion dated 28th November, 2019 predicated upon Rule 5(2) (b) of the Court of Appeal Rules and Section 26(2) of the Court of Appeal (Organization and Administration) Act and sought an order for stay of execution of the judgment aforesaid pending the hearing and determination of the appeal.

The grounds in support of the application are that the judgment was delivered on 24th May, 2019 and a decree issued on 1st November, 2019. In the impugned judgment the applicant was ordered to surrender to the 3rd respondent his title LR No. 209/14272, hereinafter “the suit land” for cancellation. The 3rd respondent was further directed to issue a letter of allotment…

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